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Matter of Kevin

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1992
186 A.D.2d 199 (N.Y. App. Div. 1992)

Opinion

September 21, 1992

Appeal from the Family Court, Kings County (Schechter, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

On November 30, 1989, a security officer at Tilden High School in Brooklyn observed the appellant as he was entering the school in an area that was "off limits". Failing to recognize the youth as a student, the officer requested that he produce a school identification card. When the young man was unable to do so, the officer escorted him to the security office in order to determine whether the appellant was in fact a Tilden High School student. After the officer took the appellant by the elbow in order to guide him toward the security office, his hand made contact with an object in the appellant's waistband which he believed to be a gun. We conclude that, under these circumstances, the officer had every right to conduct a subsequent frisk (see, People v Rasberry, 172 A.D.2d 293; People v Mathis, 167 A.D.2d 221; Matter of David B., 172 A.D.2d 828), which resulted in the recovery of a revolver from the appellant's waistband. Bracken, J.P., Sullivan, Harwood and Lawrence, JJ., concur.


Summaries of

Matter of Kevin

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1992
186 A.D.2d 199 (N.Y. App. Div. 1992)
Case details for

Matter of Kevin

Case Details

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

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

Date published: Sep 21, 1992

Citations

186 A.D.2d 199 (N.Y. App. Div. 1992)
587 N.Y.S.2d 730