Opinion
February 22, 1971
Appeal from an order of the Family Court, Queens County, dated March 20, 1969, which adjudged appellant to be a juvenile delinquent and ordered him discharged. Order reversed, on the law and the facts, and petition dismissed. Appellant was adjudicated a juvenile delinquent upon a determination that he had committed an act which, if done by an adult, would constitute possession of a dangerous drug in the fourth degree, a class A misdemeanor (Penal Law, § 220.05 [as in effect prior to L. 1969, ch. 788, § 1]). The testimony adduced at the hearing was patently insufficient to establish probable cause to arrest appellant. Accordingly, the search which followed and which produced the drugs upon which this proceeding was based, was illegal and its fruits may not be used against appellant. Hopkins, Acting P.J., Munder, Martuscello, Latham and Brennan, JJ., concur.