Matter of Christian G.

Matter of Christian G. 2010 NY Slip Op 00006 [69 AD3d 406] January 5, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

In the Matter of Christian G., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Howard M. Simms, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about January 8, 2009, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of criminal use of drug paraphernalia in the second degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant's suppression motion. There was probable cause for appellant's arrest based on an officer's observations of behavior warranting a reasonable inference that appellant acted as a steerer and lookout in a drug transaction. We note that conduct of the type observed by the officer has been held to establish a legally sufficient case of accessorial liability (see e.g. People v Eduardo, 11 NY3d 484, 493 [2008]), a higher standard than probable cause. Concur—Tom, J.P., Andrias, McGuire and Manzanet-Daniels, JJ.