Matter of Devon G.

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Matter of Devon G. 2009 NY Slip Op 09715 [68 AD3d 674] December 29, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

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

—[*1] Frederic P. Schneider, New York, for appellant.

Michel A. Cardozo, Corporation Counsel, New York (Suzanne K. Colt of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 29, 2009, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act, which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the second degree, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him in with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

There was sufficient evidence to satisfy the requirement that a confession be corroborated (see Family Ct Act § 344.2 [3]; Matter of Carmelo E., 57 NY2d 431, 433 [1982]). The police saw and heard a weapon fired four times from within a group that included appellant, they pursued appellant and apprehended him a block away, and they immediately found a revolver containing four empty shells and two live rounds along the path where appellant had run. This evidence amply corroborated appellant's out of court confession that he carried the revolver after its discharge and discarded it while fleeing (see Matter of Victor V., 30 AD3d 430, 432 [2006], lv denied 7 NY3d 710 [2006]). Concur—Andrias, J.P., Friedman, Acosta, DeGrasse and RomÁn, JJ.

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