In re Lonique M.

93 A.D.3d 203, 939 N.Y.S.2d 341
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 16, 2012
StatusPublished
Cited by13 cases

This text of 93 A.D.3d 203 (In re Lonique M.) 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 Lonique M., 93 A.D.3d 203, 939 N.Y.S.2d 341 (N.Y. Ct. App. 2012).

Opinion

OPINION OF THE COURT

Richter, J.

In this juvenile delinquency proceeding, the evidence at the fact-finding hearing established the following. On January 2, 2010, at approximately 9:20 p.m., Police Officer Salvatore Tevere and his partner arrived at 2230 Grand Concourse, a six-floor residential apartment building in the Bronx containing “many apartments” on each floor. The building was part of the “Clean Halls” program, where police officers have the right to enter the building to check whether illegal activities are being conducted inside. The entrance to the building was secured by an iron gate requiring the use of a key or a buzzer entry; there was also a separate front door.

The officers entered the building to conduct a “vertical” patrol, which entailed going to the top floor and checking the building, floor by floor, for “illegal activity of people looting in the building [or] trespassing.” After making sure the lobby was clear, Officer Tevere and his partner waited for the elevator. When the elevator doors opened in the lobby, Officer Tevere observed appellant and another youth, Aaron B., looking “shocked.” According to the officer, “[t]heir eyes were wide open and they seemed very nervous.” No one else was in the elevator. Officer Tevere noticed the smell of marijuana in the elevator, and saw Aaron throw what the officer believed was a lit marijuana cigarette to the floor. The officer then escorted the [205]*205two youths out of the elevator and recovered the marijuana cigarette.

Officer Tevere asked appellant and Aaron if they lived in the building, and both replied that they did not. When the officer asked why they were in the building, Aaron answered that he was there to visit his friend Christopher, who lived in apartment 2A; appellant initially agreed with him. Tevere continued to question the youths, asking if they were actually there to visit Christopher. In response, appellant told Aaron, “Tell them the truth,” adding, “I don’t want to get in trouble.” When Officer Tevere again asked why they were in the building, appellant admitted that they were smoking on the sixth floor. Officer Tevere subsequently placed appellant and Aaron under arrest.

Maurice McKenzie, an employee of the company that managed the building, testified that according to the tenant list, appellant did not live there. Mr. McKenzie further testified that a woman named Blankes Nunez lived in apartment 2A with her father and her two children, none of whom was named Christopher.

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Cite This Page — Counsel Stack

Bluebook (online)
93 A.D.3d 203, 939 N.Y.S.2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lonique-m-nyappdiv-2012.