Legal Opinion

In re Denzil B.

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2014Published

1Opinion of the Court

*763The Family Court properly denied that branch of the appellant’s omnibus motion which was to suppress physical evidence. The evidence presented at the suppression hearing established that there was a lawful basis to stop and detain the appellant as a suspected truant (see Education Law § 3213 [2]; Matter of Shannon B., 70 NY2d 458 [1987]; Matter of Kennedy T., 39 AD3d 408 [2007]; Matter of D’Angelo H., 184 AD2d 1039, 1040 [1992]; Matter of Devon B., 158 AD2d 519, 520 [1990]), and the officer’s pat down of the book bag which the appellant was wearing was reasonable under the circumstances (see…

2Cases cited10 opinions

  1. People v. RiversNew York Court of Appeals · 1982
  2. In re Shannon B.New York Court of Appeals · 1987
  3. In re Marrhonda G.New York Court of Appeals · 1993
  4. In re Mark Anthony G.Appellate Division of the Supreme Court of the State of New York · 1991
  5. In re Bernard G.Appellate Division of the Supreme Court of the State of New York · 1998

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