In re Shallany S.
Order of disposition, Family Court, New York County (Sheldon M. Rand, J.), entered on or about August 21, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed an act which, if committed by an adult, would constitute unlawful possession of an air pistol in violation of Administrative Code of the City of New York § 10-131 (b) (1), and placed him on probation for two years, unanimously affirmed, without costs.
The court properly denied appellant’s suppression motion. An identified citizen-informant advised the police that appellant was the suspected perpetrator of a particular armed robbery that was under investigation, and provided a detailed description and precise location for appellant. The police immediately arrived at that location and observed appellant, who met the description. As the police approached for purposes of inquiry, and as appellant walked away, the police observed a prominent bulge that “hung” on the inside of appellant’s jacket, whereupon they conducted a protective patdown and recovered an air pistol. Regardless of whether or not the citizen-informant’s basis of knowledge was sufficiently established (see People v Herold,
The court’s finding was based on legally sufficient evidence. The air pistol at issue fired BBs and was powered by a carbon dioxide canister or cartridge. The fact that the canister recovered with the air pistol was inert and empty does not defeat