Matter of Nelson R.

Matter of Nelson R. 2011 NY Slip Op 08675 Decided on December 1, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 1, 2011
Tom, J.P., Andrias, Catterson, Abdus-Salaam, Román, JJ.
6207

[*1]In re Nelson R., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York
(Raymond E. Rogers of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York
(Elizabeth S. Natrella of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Nancy Bannon, J.), entered on or about August 9, 2010, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the seventh degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations. The officer's testimony established a lawful seizure under the plain view doctrine, and we do not find that testimony to be implausible or unworthy of belief.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 1, 2011

CLERK