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Matter of Shamel C

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1998
254 A.D.2d 87 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Family Court, New York County (Gloria Sosa-Lintner, J.).


Appellant's suppression motion was properly denied. The record supports the court's determination that the police officers "reasonably conclude[d]", pursuant to Family Court Act § 718 (a), that appellant was a runaway. The officers received conflicting stories about how appellant and his companion were related and what their purported destination was. Moreover, appellant was unable to produce identification. Appellant's detention pursuant to section 718 justified the officer's patdown search. The momentary lifting of appellant's pant leg to check for a weapon secreted inside his shoe was a minimal intrusion, incidental to the patdown search.

Concur — Lerner, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.


Summaries of

Matter of Shamel C

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1998
254 A.D.2d 87 (N.Y. App. Div. 1998)
Case details for

Matter of Shamel C

Case Details

Full title:In the Matter of SHAMEL C., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 13, 1998

Citations

254 A.D.2d 87 (N.Y. App. Div. 1998)
678 N.Y.S.2d 619

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