Spencer v. Soloff
849 N.Y.S.2d 870
N.Y. App. Div.
2008
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In the Matter of ELVIN G., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of New York

January 29, 2008

851 NYS2d 129

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 3, 2006, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed the act of unlawful possession of a weapon by a person under 16, and placed him with the Office of Children and Family Services for a period of 12 months, affirmed, without costs.

The court properly denied appellant‘s suppression motion without granting a hearing since his allegations on their face “did not lay out a factual scenario which, if credited, would have warranted suppression” (). Even under appellant‘s version of the facts, in which he asserted that a dean at his school, who was responding to a call from his teacher that an apparently unknown student was using a device, possibly a cellular phone, to make disruptive sounds, “had the students stand up, and started checking their pockets for something that was making musical sounds [and that] . . . once it became clear that students in the classroom were subject to this search, [appellant] took the [hunting] knife out of his pocket,” he did not present a legal