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In re Sharef McD

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 2002
290 A.D.2d 233 (N.Y. App. Div. 2002)

Opinion

5798

January 3, 2002.

Order of disposition, Family Court, Bronx County (Allen Alpert, J.), entered on or about March 11, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a controlled substance in the third and fourth degrees, and placed him in the custody of the New York State Division for Youth for 18 months, unanimously affirmed, without costs.

DENNIS HOUDEK, for appellant.

CHERYL PAYER, for Presentment Agency.

Before: Sullivan, J.P., Rosenberger, Lerner, Rubin, Buckley, JJ.


The court properly denied appellant's untimely request for a suppression hearing since the requisite showing of good cause was not made (see, Family Ct Act § 330.2; 332.2[3]).

Any deficiencies in the chain of custody of the narcotics went to the weight, not the admissibility of the evidence, since the detective's testimony combined with that of the chemist provided adequate assurances of the identity and the substantially unchanged condition of the narcotics (see, People v. Julian, 41 N.Y.2d 340).

We see no reason to disturb the court's decision with regard to appellant's placement.

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


Summaries of

In re Sharef McD

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 2002
290 A.D.2d 233 (N.Y. App. Div. 2002)
Case details for

In re Sharef McD

Case Details

Full title:IN RE SHAREF McD., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, ETC.…

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

Date published: Jan 3, 2002

Citations

290 A.D.2d 233 (N.Y. App. Div. 2002)
735 N.Y.S.2d 758