In re Fermin A.

Appellate Division of the Supreme Court of New York

In re Fermin A.

51 A.D.3d 462, 855 N.Y.S.2d 899

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

DecidedMay 6, 2008

StatusPublished

This text of 51 A.D.3d 462 (In re Fermin A.) 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 Fermin A., 51 A.D.3d 462, 855 N.Y.S.2d 899 (N.Y. Ct. App. 2008).

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Opinion

Order of disposi[463]*463tion, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 13, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The evidence established a seizure of a knife in open view. Concur—Tom, J.P., Andrias, Nardelli and Williams, JJ.

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Order of disposi[463]*463tion, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 13, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The evidence established a seizure of a knife in open view. Concur—Tom, J.P., Andrias, Nardelli and Williams, JJ.

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Bluebook (online)

51 A.D.3d 462, 855 N.Y.S.2d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fermin-a-nyappdiv-2008.