In re Emmanuel O.

(dissenting and voting to affirm the order of disposition with the following memorandum in which Dillon, J., concurs). The issue presented in this case is whether the Family Court properly denied that branch of the appellant’s motion which was to suppress physical evidence. In my opinion, the Family Court’s determination was proper. Thus, I would affirm the order of disposition.

At the suppression hearing, Police Officer Frances testified that, on December 21, 2003 at approximately 1:40 a.m., he and two other officers were in the vicinity of the subject public housing development located in…