Legal Opinion

In re Elvin G.

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

Decided January 29, 2008Published

1Opinion of the Court

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 3, 2006, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed the act of unlawful possession of a weapon by a person under 16, and placed him with the Office of Children and Family Services for a period of 12 months, affirmed, without costs.

The court properly denied appellant’s suppression motion without granting a hearing since his allegations on their face “did not lay out a factual scenario which, if credited, would have warranted suppression”…

2Cases cited5 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. People v. MendozaNew York Court of Appeals · 1993
  3. People v. WheelerNew York Court of Appeals · 2004
  4. Matter of Gregory M.New York Court of Appeals · 1993
  5. In re Haseen N.Appellate Division of the Supreme Court of the State of New York · 1998

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