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: JAMAAL C., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about May 13, 2004, 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 fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
The court properly denied appellant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). The officer observed appellant at night riding a bicycle while holding what appeared to be a heavy object underneath his jacket at his waistband. Appellant was making circular motions with his hand, and appeared to be attempting to conceal the object by pushing it down his pants. These observations suggested the presence of a weapon and justified, at least, a common-law inquiry (see People v. De Bour, 40 N.Y.2d 210, 221, 223, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976]; People v. Pines, 281 A.D.2d 311, 722 N.Y.S.2d 239 [2001], affd. 99 N.Y.2d 525, 752 N.Y.S.2d 266, 782 N.E.2d 62 [2002]; People v. Smith, 267 A.D.2d 98, 699 N.Y.S.2d 407 [1999], lv. denied 95 N.Y.2d 804, 711 N.Y.S.2d 172, 733 N.E.2d 244 [2000] ). When the police identified themselves and directed appellant to stop, this did not constitute a seizure (People v. Bora, 83 N.Y.2d 531, 611 N.Y.S.2d 796, 634 N.E.2d 168 [1994]; People v. Reyes, 199 A.D.2d 153, 155, 605 N.Y.S.2d 262 [1993], affd. 83 N.Y.2d 945, 615 N.Y.S.2d 316, 638 N.E.2d 961 [1994] ). After appellant admitted that he had a weapon, the police lawfully frisked him and recovered a knife.
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: June 07, 2005
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)