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In re Michael J

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 2000
270 A.D.2d 181 (N.Y. App. Div. 2000)

Opinion

March 28, 2000.

Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered February 26, 1999, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts which, if committed by an adult, would constitute the crime of attempted criminal possession of a weapon in the fourth degree, and placed him on probation for 12 months, unanimously affirmed, without costs.

Raymond E. Rogers, Presentment Agency, Ellen B. Fishman, for appellant.

ROSENBERGER, J.P., WILLIAMS, TOM, ANDRIAS, JJ.


Appellant's suppression motion was properly denied. In his testimony, the officer articulated in detail the specific conduct that led him to the reasonable conclusion that two groups of youths, including appellant, were about to engage in a violent altercation, and that both before and after the police intervened, appellant was repeatedly adjusting an object in his right pants pocket in a manner suggesting the presence of a weapon. We find the totality of the circumstances provided reasonable suspicion justifying the officer's immediate action of touching the pocket, which resulted in the discovery of a pistol (see, Matter of Antonio A., 249 A.D.2d 202, lv denied 92 N.Y.2d 806). Moreover, the touching of the pocket was a minimal intrusion (see, People v. DeBour, 40 N.Y.2d 210, 221).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Michael J

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 2000
270 A.D.2d 181 (N.Y. App. Div. 2000)
Case details for

In re Michael J

Case Details

Full title:In re Michael J., A Person Alleged to be A Juvenile Delinquent, Appellant

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

Date published: Mar 28, 2000

Citations

270 A.D.2d 181 (N.Y. App. Div. 2000)
706 N.Y.S.2d 25