In re William S.

Appellate Division of the Supreme Court of New York

In re William S.

13 A.D.3d 189, 785 N.Y.S.2d 913, 2004 N.Y. App. Div. LEXIS 15301

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

DecidedDecember 16, 2004

StatusPublished

Cited by1 cases

This text of 13 A.D.3d 189 (In re William S.) 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 S., 13 A.D.3d 189, 785 N.Y.S.2d 913, 2004 N.Y. App. Div. LEXIS 15301 (N.Y. Ct. App. 2004).

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Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about October 30, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the third degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. During a lawful traffic stop, the suspicious actions of appellant and another passenger warranted the officer’s minimal intrusion of poking his head into the car, where he saw a pistol in open view (see People v David L., 56 NY2d 698 [1982] [revg on dissenting mem 81 AD2d 893, 895-896 (1981)], cert denied 459 US 866 [1982]; People v Gonzalez, 298 AD2d 133 [2002], lv denied 99 NY2d 614 [2003]). Concur—Tom, J.P., Mazzarelli, Friedman, Gonzalez and Sweeny, JJ.

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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about October 30, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the third degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. During a lawful traffic stop, the suspicious actions of appellant and another passenger warranted the officer’s minimal intrusion of poking his head into the car, where he saw a pistol in open view (see People v David L., 56 NY2d 698 [1982] [revg on dissenting mem 81 AD2d 893, 895-896 (1981)], cert denied 459 US 866 [1982]; People v Gonzalez, 298 AD2d 133 [2002], lv denied 99 NY2d 614 [2003]). Concur—Tom, J.P., Mazzarelli, Friedman, Gonzalez and Sweeny, JJ.

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Bluebook (online)

13 A.D.3d 189, 785 N.Y.S.2d 913, 2004 N.Y. App. Div. LEXIS 15301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-william-s-nyappdiv-2004.

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