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In re R.C.

Supreme Court of New York, First Department
Mar 26, 2024
2024 N.Y. Slip Op. 1670 (N.Y. App. Div. 2024)

Opinion

No. 1921 Docket No. D-07363/22 Case No. 2022-04848

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.

Before: 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 [1997]). There is no basis to disturb the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [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.


Summaries of

In re R.C.

Supreme Court of New York, First Department
Mar 26, 2024
2024 N.Y. Slip Op. 1670 (N.Y. App. Div. 2024)
Case details for

In re R.C.

Case Details

Full title:In the Matter of R.C., a Person Alleged to be a Juvenile Delinquent,

Court:Supreme Court of New York, First Department

Date published: Mar 26, 2024

Citations

2024 N.Y. Slip Op. 1670 (N.Y. App. Div. 2024)