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IN RE: ANTONIO A., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
Order of disposition, Family Court, Bronx County (Gayle Roberts, J.), entered on or about August 8, 1997, which, upon appellant's admission that he committed an act which, if committed by an adult, would constitute the crime of attempted criminal possession of a weapon in the fourth degree, adjudicated him a juvenile delinquent and placed him with the Division for Youth for a period of 12 months, unanimously affirmed, without costs.
Appellant's suppression motion was properly denied. The police received detailed information about a gang-related shooting that was expected to occur imminently at a specified location. This information was substantially corroborated by the officers' observations at the location where the gang was reportedly assembling. These observations included the presence of a large group of youths, along with a specific vehicle described in the radio transmission. When a police helicopter shined a spotlight on the group of youths, appellant immediately began to walk away, repeatedly adjusting something in his waistband. The totality of circumstances including the waistband adjustment, commonly known to be a sign of the presence of a weapon, provided reasonable suspicion for the ensuing patdown (see, People v. Benjamin, 51 N.Y.2d 267, 434 N.Y.S.2d 144, 414 N.E.2d 645; People v. Giles, 223 A.D.2d 39, 647 N.Y.S.2d 4, lv. denied 89 N.Y.2d 864, 653 N.Y.S.2d 287, 675 N.E.2d 1240).
MEMORANDUM DECISION.
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Decided: April 28, 1998
Court: Supreme Court, Appellate Division, First Department, New York.
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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.
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