In re Edwin C.

Appellate Division of the Supreme Court of New York

In re Edwin C.

240 A.D.2d 348, 659 N.Y.S.2d 265, 1997 N.Y. App. Div. LEXIS 6935

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

DecidedJune 26, 1997

StatusPublished

Cited by2 cases

This text of 240 A.D.2d 348 (In re Edwin C.) 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 Edwin C., 240 A.D.2d 348, 659 N.Y.S.2d 265, 1997 N.Y. App. Div. LEXIS 6935 (N.Y. Ct. App. 1997).

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Opinion

Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or around May 15, 1996, which adjudicated appellant a juvenile delinquent, following his admission that he had committed an act which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the third degree, and placed him under the supervision of the Office of Probation for 18 months, unanimously affirmed, without costs.

Appellant’s suppression motion was properly denied. Shortly after responding to a radio transmission "of a male Hispanic passing off a gun to another small boy” at a precise location, the officers, at that location, encountered appellant, who had one hand in the upper portion of his coat, and his companion, the only children in the vicinity where the exchange had occurred. Both children constantly looked over their shoulders as they walked away in this drug prone location at 10 o’clock on a Sunday night. Under the circumstances, the officer properly reached directly into the area where appellant’s hand was positioned "as an immediate protective measure” (Matter of Kayode A., 236 AD2d 214, 215; see also, People v Benjamin, 51 NY2d 267). Concur—Sullivan, J. P., Milonas, Ellerin, Tom and Mazzarelli, JJ.

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Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or around May 15, 1996, which adjudicated appellant a juvenile delinquent, following his admission that he had committed an act which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the third degree, and placed him under the supervision of the Office of Probation for 18 months, unanimously affirmed, without costs.

Appellant’s suppression motion was properly denied. Shortly after responding to a radio transmission "of a male Hispanic passing off a gun to another small boy” at a precise location, the officers, at that location, encountered appellant, who had one hand in the upper portion of his coat, and his companion, the only children in the vicinity where the exchange had occurred. Both children constantly looked over their shoulders as they walked away in this drug prone location at 10 o’clock on a Sunday night. Under the circumstances, the officer properly reached directly into the area where appellant’s hand was positioned "as an immediate protective measure” (Matter of Kayode A., 236 AD2d 214, 215; see also, People v Benjamin, 51 NY2d 267). Concur—Sullivan, J. P., Milonas, Ellerin, Tom and Mazzarelli, JJ.

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Bluebook (online)

240 A.D.2d 348, 659 N.Y.S.2d 265, 1997 N.Y. App. Div. LEXIS 6935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-edwin-c-nyappdiv-1997.

Opinion

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