In re David H.

Appellate Division of the Supreme Court of New York

In re David H.

189 A.D.2d 733, 592 N.Y.S.2d 919, 1993 N.Y. App. Div. LEXIS 748

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 28, 1993

StatusPublished

This text of 189 A.D.2d 733 (In re David H.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re David H., 189 A.D.2d 733, 592 N.Y.S.2d 919, 1993 N.Y. App. Div. LEXIS 748 (N.Y. Ct. App. 1993).

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Opinion

— Order, Family Court, New York County (Sheldon Rand, J.), entered November 7, 1991 which, following a hearing and fact-finding that appellant committed acts constituting the felony of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06), adjudicated appellant a juvenile delinquent and placed him on probation for a period of 18 months, is unanimously affirmed, without costs.

By petition filed June 13, 1991, appellant, then 14 years of age, was charged with various counts of possession of a controlled substance. Following a hearing, the Family Court denied his motion to suppress the bag containing narcotics, which was seized by police officers after he placed it on a shrub in a litter-strewn area, and began to briskly walk away.

Upon examination of this record, we conclude that appellant’s intent to abandon the bag is supported by the facts, and his motion to suppress was, accordingly, properly denied (see, People v Howard, 50 NY2d 583, 592-593; People v Marrero, 173 AD2d 244; People v McCants, 175 AD2d 847). Concur — Carro, J. P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.

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— Order, Family Court, New York County (Sheldon Rand, J.), entered November 7, 1991 which, following a hearing and fact-finding that appellant committed acts constituting the felony of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06), adjudicated appellant a juvenile delinquent and placed him on probation for a period of 18 months, is unanimously affirmed, without costs.

By petition filed June 13, 1991, appellant, then 14 years of age, was charged with various counts of possession of a controlled substance. Following a hearing, the Family Court denied his motion to suppress the bag containing narcotics, which was seized by police officers after he placed it on a shrub in a litter-strewn area, and began to briskly walk away.

Upon examination of this record, we conclude that appellant’s intent to abandon the bag is supported by the facts, and his motion to suppress was, accordingly, properly denied (see, People v Howard, 50 NY2d 583, 592-593; People v Marrero, 173 AD2d 244; People v McCants, 175 AD2d 847). Concur — Carro, J. P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.

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189 A.D.2d 733, 592 N.Y.S.2d 919, 1993 N.Y. App. Div. LEXIS 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-david-h-nyappdiv-1993.

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