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In re Hector

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 2008
50 A.D.3d 344 (N.Y. App. Div. 2008)

Opinion

Nos. 3290, 3291.

April 8, 2008.

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about June 16, 2006, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act, which, if committed by an adult, would constitute the crime of criminal possession of marijuana in the fifth degree, and placed him on probation for 18 months, upon the condition that he reside at the Graham School Residential Treatment Center, unanimously affirmed, without costs. Appeal from order, same court and Judge, entered on or about May 9, 2007, unanimously dismissed as abandoned, without costs.

Tamara A. Steckler, The Legal Aid Society, New York (Patricia S. Colella of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for presentment agency.

Before: Tom, J.P., Saxe, 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 establishes a lawful arrest based on the officer's observation of marijuana in plain view.


Summaries of

In re Hector

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 2008
50 A.D.3d 344 (N.Y. App. Div. 2008)
Case details for

In re Hector

Case Details

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

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

Date published: Apr 8, 2008

Citations

50 A.D.3d 344 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3091
854 N.Y.S.2d 307