From Casetext: Smarter Legal Research

Matter of Alex

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 745 (N.Y. App. Div. 1994)

Opinion

September 29, 1994

Appeal from the Family Court, New York County (Judith Sheindlin, J.).


The court did not err in refusing to preclude admission of tangible evidence, to wit, vials of cocaine in a brown paper bag placed by appellant on top of a dumpster, despite the presentment agency's failure to give notice pursuant to Family Court Act § 330.2 (2). Appellant had clear knowledge from the petition that such items were recovered and vouchered, particularly since the drugs were indispensable or proof of the crimes charged (see, Matter of Eddie M., 110 A.D.2d 635, 637-638; Matter of Eric E., 123 Misc.2d 1079).

Concur — Sullivan, J.P., Carro, Kupferman, Nardelli and Tom, JJ.


Summaries of

Matter of Alex

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 745 (N.Y. App. Div. 1994)
Case details for

Matter of Alex

Case Details

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

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

Date published: Sep 29, 1994

Citations

207 A.D.2d 745 (N.Y. App. Div. 1994)
616 N.Y.S.2d 959