In re Gregory B.

Appellate Division of the Supreme Court of New York

In re Gregory B.

254 A.D.2d 187, 682 N.Y.S.2d 2, 1998 N.Y. App. Div. LEXIS 11159

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

DecidedOctober 22, 1998

StatusPublished

This text of 254 A.D.2d 187 (In re Gregory B.) 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 Gregory B., 254 A.D.2d 187, 682 N.Y.S.2d 2, 1998 N.Y. App. Div. LEXIS 11159 (N.Y. Ct. App. 1998).

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Opinion

Order of dispo[188]*188sition, Family Court, New York County (Leah Marks, J.), entered on or about June 11, 1997, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under sixteen, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant’s motion to suppress. A common-law inquiry was warranted by the facts that appellant, together with his companion, matched a sufficiently specific joint description of two youths who had committed a robbery the day before, and were observed in close proximity to the crime scene (see, People v Russ, 61 NY2d 693). Then, when appellant attempted to shield himself from the view of the officers, had his hand near his waistband, and was observed to have a large heavy bulge in his pocket, the police had a reasonable basis to believe that he had a gun in his possession and that the officers were in danger, thus justifying a frisk (see, People v Benjamin, 51 NY2d 267). Concur — Nardelli, J. P., Rubin, Tom and Mazzarelli, JJ.

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Order of dispo[188]*188sition, Family Court, New York County (Leah Marks, J.), entered on or about June 11, 1997, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under sixteen, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant’s motion to suppress. A common-law inquiry was warranted by the facts that appellant, together with his companion, matched a sufficiently specific joint description of two youths who had committed a robbery the day before, and were observed in close proximity to the crime scene (see, People v Russ, 61 NY2d 693). Then, when appellant attempted to shield himself from the view of the officers, had his hand near his waistband, and was observed to have a large heavy bulge in his pocket, the police had a reasonable basis to believe that he had a gun in his possession and that the officers were in danger, thus justifying a frisk (see, People v Benjamin, 51 NY2d 267). Concur — Nardelli, J. P., Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

254 A.D.2d 187, 682 N.Y.S.2d 2, 1998 N.Y. App. Div. LEXIS 11159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gregory-b-nyappdiv-1998.

Opinion

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