Matter of Victor R.

Appellate Division of the Supreme Court of New York

Matter of Victor R.

123 A.D.3d 458, 998 N.Y.S.2d 47

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 2014·No. 13680·Published

Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 12, 2012, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of possession of box cutters in a public place or on school premises, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. School officials received information that appellant had made a threat, involving the use of a weapon, against a fellow student. The threatened student provided first-hand information that met the standard of reasonable suspicion applicable to school searches (see Matter of Gregory M., 82 NY2d 588, 592-593 [1993]), “particularly in light of the urgency of interdicting weapons in schools” (Matter of Steven A., 308 AD2d 359, 359 [1st Dept 2003]).

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 12, 2012, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of possession of box cutters in a public place or on school premises, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. School officials received information that appellant had made a threat, involving the use of a weapon, against a fellow student. The threatened student provided first-hand information that met the standard of reasonable suspicion applicable to school searches (see Matter of Gregory M., 82 NY2d 588, 592-593 [1993]), “particularly in light of the urgency of interdicting weapons in schools” (Matter of Steven A., 308 AD2d 359, 359 [1st Dept 2003]).

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

Matter of Victor R., 123 A.D.3d 458, 998 N.Y.S.2d 47 (N.Y. Ct. App. 2014).

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Opinion

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