In re Michael J.

Appellate Division of the Supreme Court of New York

In re Michael J.

270 A.D.2d 181, 706 N.Y.S.2d 25, 2000 N.Y. App. Div. LEXIS 3320

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

DecidedMarch 28, 2000

StatusPublished

Cited by3 cases

This text of 270 A.D.2d 181 (In re Michael J.) 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 Michael J., 270 A.D.2d 181, 706 N.Y.S.2d 25, 2000 N.Y. App. Div. LEXIS 3320 (N.Y. Ct. App. 2000).

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Opinion

—Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered February 26, 1999, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts which, if committed by an adult, would constitute the crime of attempted criminal possession of a weapon in the fourth degree, and placed him on probation for 12 months, unanimously affirmed, without costs.

Appellant’s suppression motion was properly denied. In his testimony, the officer articulated in detail the specific conduct that led him to the reasonable conclusion that two groups of youths, including appellant, were about to engage in a violent altercation, and that both before and after the police intervened, appellant was repeatedly adjusting an object in his right pants pocket in a manner suggesting the presence of a weapon. We find the totality of the circumstances provided reasonable suspicion justifying the officer’s immediate action of touching the pocket, which resulted in the discovery of a pistol (see, Matter of Antonio A., 249 AD2d 202, lv denied 92 NY2d 806). Moreover, the touching of the pocket was a minimal intrusion (see, People v De Bour, 40 NY2d 210, 221). Concur— Rosenberger, J. P., Williams, Tom and Andrias, JJ.

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—Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered February 26, 1999, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts which, if committed by an adult, would constitute the crime of attempted criminal possession of a weapon in the fourth degree, and placed him on probation for 12 months, unanimously affirmed, without costs.

Appellant’s suppression motion was properly denied. In his testimony, the officer articulated in detail the specific conduct that led him to the reasonable conclusion that two groups of youths, including appellant, were about to engage in a violent altercation, and that both before and after the police intervened, appellant was repeatedly adjusting an object in his right pants pocket in a manner suggesting the presence of a weapon. We find the totality of the circumstances provided reasonable suspicion justifying the officer’s immediate action of touching the pocket, which resulted in the discovery of a pistol (see, Matter of Antonio A., 249 AD2d 202, lv denied 92 NY2d 806). Moreover, the touching of the pocket was a minimal intrusion (see, People v De Bour, 40 NY2d 210, 221). Concur— Rosenberger, J. P., Williams, Tom and Andrias, JJ.

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Bluebook (online)

270 A.D.2d 181, 706 N.Y.S.2d 25, 2000 N.Y. App. Div. LEXIS 3320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-j-nyappdiv-2000.

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