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In re Fermin

Appellate Division of the Supreme Court of New York, First Department
May 6, 2008
51 A.D.3d 462 (N.Y. App. Div. 2008)

Opinion

No. 3601.

May 6, 2008.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 13, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Deborah A. Brenner of counsel), for presentment agency.

Before: Tom, J.P., Andrias, Nardelli and Williams, JJ.


The court properly denied appellant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v Prochilo, 41 NY2d 759, 761). The evidence established a seizure of a knife in open view.


Summaries of

In re Fermin

Appellate Division of the Supreme Court of New York, First Department
May 6, 2008
51 A.D.3d 462 (N.Y. App. Div. 2008)
Case details for

In re Fermin

Case Details

Full title:In the Matter of FERMIN A., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 6, 2008

Citations

51 A.D.3d 462 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4215
855 N.Y.S.2d 899