IN THE MATTER OF JOSE R., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT,
APPELLANT. / PRESENTMENT AGENCY, RESPONDENT.
88 N.Y.2d 863, 666 N.E.2d 1362, 644 N.Y.S.2d 489 (1996).
May 2, 1996
1 No. 102(1996 NY Int. 106)
Decided May 2, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Kenneth Rabb, for Appellant.
Elizabeth S. Natrella, for Respondent presentment agency.
MEMORANDUM:
The order of the Appellate Division should be affirmed, without
costs.
On July 18, 1993, appellant was arrested by Officer Gogarty and his
partner, Officer Fallon, after Officer Fallon recovered a gun from the
waistband of appellant's pants. Respondent presentment agency filed a
petition in Family Court charging appellant, then thirteen years old,
with the commission of acts which would have constituted the crimes of
criminal possession of a weapon in the second, third, and fourth
degrees if committed by an adult. Appellant made a motion to suppress
the gun and a pre-trial suppression hearing was held.
At the hearing, Officer Gogarty testified that he and Officer Fallon
were on routine patrol in their car when they heard the radio
dispatcher announce that a Hispanic male, wearing a sun visor, red
shirt and black pants had a gun in his waist. Officer Fallon drove to
the specified location and was slowing the car to a stop when Officer
Gogarty remarked that a person fitting the description just broadcast
(later identified as appellant) was standing in front of the building.
Both officers exited from their vehicle and approached appellant from
opposite sides.
Officer Gogarty was approximately fifteen to twenty feet away from
appellant when he saw a bulge at the waistband of appellant's pants.
He continued to walk briskly toward defendant, as did Officer Fallon.
When Officer Fallon reached appellant, approximately one foot ahead of
Officer Gogarty, he reached directly into appellant's waistband and
pulled out a gun. Officer Gogarty did not tell his partner that he had
SNIPPETS:
IN THE MATTER OF JOSE R., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
Elizabeth S. Natrella, for Respondent presentment agency.
The order of the Appellate Division should be affirmed, without costs.
On July 18, 1993, appellant was arrested by Officer Gogarty and his partner, Officer Fallon,
Respondent presentment agency filed a petition in Family Court charging appellant, then
At the hearing, Officer Gogarty testified that he and Officer Fallon were on routine patrol
Officer Gogarty did not tell his partner that he had seen a bulge at appellant's waist before
Appellant's motion to suppress the gun was denied and after a fact-finding hearing, Family
Appellant was placed under the supervision of the Department of Probation for one year.
Appellant argues that the Appellate Division erred by inferring that Officer Fallon observed
Since Officer Fallon heard the same radio dispatch as Officer Gogarty and was in the same
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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