Opinion
January 15, 1998
Appeal from the Family Court, New York County (Sheldon Rand, J.).
Appellant's suppression motion was properly denied. Appellant's detention was authorized under Family Court Act § 718, the "runaway statute". The record supports a finding of probable cause to believe appellant was a runaway and establishes that this issue was sufficiently litigated before the hearing court. Appellant's detention pursuant to that statute was, as a matter of law, a "full custodial arrest, justifying the [officer's] pat-down search" as incident to his lawful arrest ( Matter of Michael J., 233 A.D.2d 198, 199; see also, Matter of Mark Anthony G., 169 A.D.2d 89, 93). Since the officer reasonably believed the brown paper bag he removed from appellant's pants pocket contained sharp objects capable of use as weapons, the officer was justified in searching the bag without a warrant since, inter alia, appellant was not restrained and the bag remained in his "grabbable area" ( compare, Matter of Marrhonda G., 81 N.Y.2d 942, 945, with People v. Wylie, 244 A.D.2d 247). We see no reason to disturb the hearing court's implicit determinations of credibility ( see, People v. Prochilo, 41 N.Y.2d 759, 761).
Concur — Rosenberger, J.P., Williams, Andrias and Colabella, JJ.