AD2 order dated October 17, 2012, affirming judgment of conviction. Decision below: 99 AD3d 947, 952 NYS2d 285. Chambers, J. (AD dissenter), granted leave February 7, 2013. (Taken off SSM.)

ISSUE PRESENTED: Whether the emergency exception to the warrant requirement was applicable to the search for a gun in the defendant’s back yard (Assigned counsel: Jillian S. Harrington, P.O. Box 6006, Monroe, NJ 08831.)