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

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

DecidedDecember 4, 2014

Docket13680

StatusPublished

This text of 123 A.D.3d 458 (Matter of Victor R.) 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

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

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.

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Bluebook (online)

123 A.D.3d 458, 998 N.Y.S.2d 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-victor-r-nyappdiv-2014.

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