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IN RE: DEVON G., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 29, 2009, 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 second degree, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him in with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
There was sufficient evidence to satisfy the requirement that a confession be corroborated (see Family Ct. Act § 344.2[3]; Matter of Carmelo E, 57 N.Y.2d 431, 433, 456 N.Y.S.2d 739, 442 N.E.2d 1250 [1982] ). The police saw and heard a weapon fired four times from within a group that included appellant, they pursued appellant and apprehended him a block away, and they immediately found a revolver containing four empty shells and two live rounds along the path where appellant had run. This evidence amply corroborated appellant's out of court confession that he carried the revolver after its discharge and discarded it while fleeing (see Matter of Victor V., 30 A.D.3d 430, 432, 816 N.Y.S.2d 559 [2006], lv. denied 7 N.Y.3d 710, 822 N.Y.S.2d 758, 855 N.E.2d 1173 [2006] ).
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Decided: December 29, 2009
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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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