Opinion
No. 1922.
January 5, 2010.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about January 8, 2009, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of criminal use of drug paraphernalia in the second degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.
Howard M. Simms, New York, for appellant.
Michel A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.
Before: Tom, J.P., Andrias, McGuire and Manzanet-Daniels, JJ.
The court properly denied appellant's suppression motion. There was probable cause for appellant's arrest based on an officer's observations of behavior warranting a reasonable, inference that appellant acted as a steerer and lookout in a drug transaction. We note that conduct of the type observed by the officer has been held to establish a legally sufficient case of accessorial liability ( see e.g. People v. Eduardo, 11 NY3d 484, 493), a higher standard than probable cause.