In re William P.

Appellate Division of the Supreme Court of New York

In re William P.

57 A.D.3d 1509, 870 N.Y.2d 664

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

DecidedDecember 31, 2008

StatusPublished

This text of 57 A.D.3d 1509 (In re William P.) 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 William P., 57 A.D.3d 1509, 870 N.Y.2d 664 (N.Y. Ct. App. 2008).

Pincite

Opinion

[1510]*1510Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed the crime of unlawful possession of weapons by persons under 16 (Penal Law § 265.05). That statute expressly provides that “[a] person who violates the provisions of [section 265.05] shall be adjudged a juvenile delinquent.” Respondent contends that Family Court erred in refusing to suppress the gun without conducting a hearing because he was illegally searched by the school principal. We reject that contention. A suppression hearing was unnecessary inasmuch as respondent’s “allegations on their face ‘did not lay out a factual scenario which, if credited, would have warranted suppression’ ” (Matter of Elvin G., 47 AD3d 527, 527 [2008], quoting People v Coleman, 82 NY2d 415, 432 [1993]). According to respondent, the principal confronted him based on information from another student that respondent was in possession of a gun in his book bag. “Under ordinary circumstances, a search of a student by a . . . school official will be ‘justified at its inception’ when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating . . . the law” (New Jersey v T. L. O., 469 US 325, 341-342 [1985]) and, here, respondent “did not present a legal basis upon which to challenge the [principal’s] conduct” (Elvin G., 47 AD3d at 527-528). Present — Martoche, J.P, Smith, Centra, Green and Pine, JJ.

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

[1510]*1510Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed the crime of unlawful possession of weapons by persons under 16 (Penal Law § 265.05). That statute expressly provides that “[a] person who violates the provisions of [section 265.05] shall be adjudged a juvenile delinquent.” Respondent contends that Family Court erred in refusing to suppress the gun without conducting a hearing because he was illegally searched by the school principal. We reject that contention. A suppression hearing was unnecessary inasmuch as respondent’s “allegations on their face ‘did not lay out a factual scenario which, if credited, would have warranted suppression’ ” (Matter of Elvin G., 47 AD3d 527, 527 [2008], quoting People v Coleman, 82 NY2d 415, 432 [1993]). According to respondent, the principal confronted him based on information from another student that respondent was in possession of a gun in his book bag. “Under ordinary circumstances, a search of a student by a . . . school official will be ‘justified at its inception’ when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating . . . the law” (New Jersey v T. L. O., 469 US 325, 341-342 [1985]) and, here, respondent “did not present a legal basis upon which to challenge the [principal’s] conduct” (Elvin G., 47 AD3d at 527-528). Present — Martoche, J.P, Smith, Centra, Green and Pine, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.3d 1509, 870 N.Y.2d 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-william-p-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack