From Casetext: Smarter Legal Research

Matter of Johance T

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1998
247 A.D.2d 316 (N.Y. App. Div. 1998)

Opinion

February 24, 1998

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


Appellant's suppression motion was properly denied. There was probable cause for appellant's arrest where an experienced officer in a drug-prone area repeatedly observed individuals, one at a time, exchange currency for concealed items through a hole in the wall of an abandoned school, where three of the suspected purchasers were arrested and found to be in possession of drugs, and where, at the approach of marked patrol cars, appellant and an accomplice jumped out of the hole and fled from the police ( see, People v. Jones, 90 N.Y.2d 835).

The court's findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence supporting the conclusion that appellant was one of the participants in the drug sales being conducted through the hole in the wall, including evidence that appellant was in possession of money that could readily be inferred to be proceeds of the sales.

Appellant's claim regarding the propriety of his placement has been rendered moot since he has completed the period of confinement imposed ( Matter of Darryl G., 184 A.D.2d 204) and, in any event, is without merit.

Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.


Summaries of

Matter of Johance T

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1998
247 A.D.2d 316 (N.Y. App. Div. 1998)
Case details for

Matter of Johance T

Case Details

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

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

Date published: Feb 24, 1998

Citations

247 A.D.2d 316 (N.Y. App. Div. 1998)
669 N.Y.S.2d 41

Citing Cases

In re Jessica MM.

respondent could have been personally served with the summons and petition and produced in Family Court…