Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: GREGORY B., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, New York County (Leah Marks, J.), entered on or about June 11, 1997, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under sixteen, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court properly denied appellant's motion to suppress. A common-law inquiry was warranted by the facts that appellant, together with his companion, matched a sufficiently specific joint description of two youths who had committed a robbery the day before, and were observed in close proximity to the crime scene (see, People v. Russ, 61 N.Y.2d 693, 472 N.Y.S.2d 601, 460 N.E.2d 1086). Then, when appellant attempted to shield himself from the view of the officers, had his hand near his waistband, and was observed to have a large heavy bulge in his pocket, the police had a reasonable basis to believe that he had a gun in his possession and that the officers were in danger, thus justifying a frisk (see, People v. Benjamin, 51 N.Y.2d 267, 434 N.Y.S.2d 144, 414 N.E.2d 645).
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: October 22, 1998
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)