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IN RE: DANTE B., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on January 17, 2008, which adjudicated respondent a juvenile delinquent, upon his admission that he had committed an act which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the second degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
The court properly denied appellant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). The arresting officer heard shots fired and then saw defendant in extremely close temporal and spatial proximity to the gunfire. Defendant had a bulge in his waistband suggestive of a firearm, and was making adjustments to that area. These circumstances clearly provided reasonable suspicion, justifying a patdown of the bulge area (see People v. Sanders, 235 A.D.2d 507, 653 N.Y.S.2d 129 [1997], lv. denied 89 N.Y.2d 1015, 658 N.Y.S.2d 253, 680 N.E.2d 627 [1997] ).
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Decided: January 29, 2009
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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