In re James Javon H.

Appellate Division of the Supreme Court of New York

In re James Javon H.

248 A.D.2d 296, 670 N.Y.S.2d 92, 1998 N.Y. App. Div. LEXIS 3261

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

DecidedMarch 26, 1998

StatusPublished

This text of 248 A.D.2d 296 (In re James Javon 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.

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In re James Javon H., 248 A.D.2d 296, 670 N.Y.S.2d 92, 1998 N.Y. App. Div. LEXIS 3261 (N.Y. Ct. App. 1998).

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Opinion

—Order of disposition, Family Court, New York County (Leah Marks, J.), entered on or about November 29, 1996, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and resisting arrest, and placed him with the Division for Youth, in a limited secure facility for a period of 18 months, unanimously affirmed, without costs.

Appellant’s suppression motion was properly denied. Probable cause to arrest existed based upon the observations of a police officer who stated that she observed appellant exchange a small object for money with an unknown person, and then converse with an alleged accomplice who made two drug transactions, and accept money from the accomplice immediately following the last sale (see, People v Jones, 90 NY2d 835). The totality of circumstances clearly established appellant’s participation in the sales conducted by the alleged accomplice.

Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.

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—Order of disposition, Family Court, New York County (Leah Marks, J.), entered on or about November 29, 1996, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and resisting arrest, and placed him with the Division for Youth, in a limited secure facility for a period of 18 months, unanimously affirmed, without costs.

Appellant’s suppression motion was properly denied. Probable cause to arrest existed based upon the observations of a police officer who stated that she observed appellant exchange a small object for money with an unknown person, and then converse with an alleged accomplice who made two drug transactions, and accept money from the accomplice immediately following the last sale (see, People v Jones, 90 NY2d 835). The totality of circumstances clearly established appellant’s participation in the sales conducted by the alleged accomplice.

Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.

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Bluebook (online)

248 A.D.2d 296, 670 N.Y.S.2d 92, 1998 N.Y. App. Div. LEXIS 3261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-james-javon-h-nyappdiv-1998.

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