In re Jasmine De L.

Appellate Division of the Supreme Court of New York

In re Jasmine De L.

276 A.D.2d 318, 714 N.Y.S.2d 456, 2000 N.Y. App. Div. LEXIS 10547

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

DecidedOctober 12, 2000

StatusPublished

This text of 276 A.D.2d 318 (In re Jasmine De L.) 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 Jasmine De L., 276 A.D.2d 318, 714 N.Y.S.2d 456, 2000 N.Y. App. Div. LEXIS 10547 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered April 12, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and placed her in the custody of the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

Defendant’s suppression motion was properly denied. There [319]*319is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Given the very close temporal and spatial proximity of the apprehension to the sale and the absence of any other persons, the joint description of appellant and another participant in the sale was sufficiently specific to provide the arresting officer with, at least, reasonable suspicion upon which to detain the two suspects pending a confirmatory identification by the undercover officer (see, People v Morales, 246 AD2d 396, lv denied 91 NY2d 943). Concur — Rosenberger, J. P., Williams, Lerner, Saxe and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered April 12, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and placed her in the custody of the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

Defendant’s suppression motion was properly denied. There [319]*319is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Given the very close temporal and spatial proximity of the apprehension to the sale and the absence of any other persons, the joint description of appellant and another participant in the sale was sufficiently specific to provide the arresting officer with, at least, reasonable suspicion upon which to detain the two suspects pending a confirmatory identification by the undercover officer (see, People v Morales, 246 AD2d 396, lv denied 91 NY2d 943). Concur — Rosenberger, J. P., Williams, Lerner, Saxe and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

276 A.D.2d 318, 714 N.Y.S.2d 456, 2000 N.Y. App. Div. LEXIS 10547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jasmine-de-l-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack