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Matter of Leslie

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 754 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the Family Court, Queens County (Schindler, J.).


Ordered that the appeal from the order of disposition dated January 9, 1990, is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order of disposition dated June 5, 1989, is affirmed, without costs or disbursements.

Since the appellant did not move to suppress any physical evidence seized by the police at the time of his arrest, his appellate claim that such evidence should have been suppressed has been waived (see, Family Ct Act § 330.2; cf., Matter of George V., 100 A.D.2d 594). Contrary to the appellant's request, under the circumstances herein, we decline to hold that the probable cause hearing was, in fact, a suppression hearing (see, Matter of Robert G., 121 Misc.2d 680, 691-692; see also, Matter of Oniel W., 146 A.D.2d 633, 634; People v. Reed, 98 Misc.2d 488, 489-490; People ex rel. Pierce v. Thomas, 70 Misc.2d 629). Lawrence, J.P., Harwood, Rosenblatt and O'Brien, JJ., concur.


Summaries of

Matter of Leslie

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 754 (N.Y. App. Div. 1991)
Case details for

Matter of Leslie

Case Details

Full title:In the Matter of LESLIE S., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1991

Citations

172 A.D.2d 754 (N.Y. App. Div. 1991)

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