Opinion
03-26-2024
In the MATTER OF R. C., A Person Alleged to be a Juvenile Delinquent,
Twyla Carter, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York (Julie Steiner of counsel), for respondent. Singh, J.P., Moulton, Friedman, Scarpulla, O’Neill Levy, JJ.
Order of disposition, Family Court, Bronx County (Lynn M. Leopold, J.), entered on or about August 16, 2022, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the fifth degree, and placed him on probation for a period of 24 months, unanimously affirmed, without costs.
The court properly denied appellant’s motion to suppress the drugs and money recovered from him after his arrest. The evidence presented at the suppression hearing supported the court’s finding that the police had probable cause to arrest appellant for engaging in a drug transaction. An experienced officer who had received specialized training in street narcotics transactions testified that he observed appellant exchange a small item for what appeared to be folded-up currency in a high-crime, drug-prone area (see People v. Jones, 90 N.Y.2d 835, 837, 660 N.Y.S.2d 549, 683 N.E.2d 14 [1997]). There is no basis to disturb the court’s credibility determinations (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977]), especially given that the court had reviewed video footage from the officer’s body camera and found the officer’s testimony to be consistent with it.