From Casetext: Smarter Legal Research

Matter of Nicole S

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1998
248 A.D.2d 321 (N.Y. App. Div. 1998)

Opinion

March 31, 1998

Appeal from the Family Court, New York County (Sheldon Rand, J.).


The court properly denied appellant's suppression motion. Appellant's detention as a suspected runaway was authorized under Family Court Act § 718, and the officer's patdown search of her knapsack, as incident to her lawful arrest, was proper ( Matter of Jamel J., 246 A.D.2d 388; Matter of Mark Anthony G., 169 A.D.2d 89, 93). Moreover, appellant's consent to a search of the knapsack was voluntary under all the circumstances and was not the product of any unlawful police conduct ( see, Matter of Gissette Angela P., 172 A.D.2d 117, affd 80 N.Y.2d 863).

Concur — Ellerin, J. P., Wallach, Tom and Mazzarelli, JJ.


Summaries of

Matter of Nicole S

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1998
248 A.D.2d 321 (N.Y. App. Div. 1998)
Case details for

Matter of Nicole S

Case Details

Full title:In the Matter of NICOLE S., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Mar 31, 1998

Citations

248 A.D.2d 321 (N.Y. App. Div. 1998)
670 N.Y.S.2d 100