Filed Date: 2/24/2011
Status: Precedential
Modified Date: 11/1/2024
Order of disposition, Family Court, Bronx County (Robert R. Reed, J., at suppression motion; Nancy M. Bannon, J., at disposition), entered on or about February 22, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he committed the act of unlawful possession of a weapon by a person under 16, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.
The court properly denied appellant’s suppression motion. The police responded to a radio call of shots fired by a described
This also warranted a precautionary frisk of appellant’s backpack, which was on the ground in appellant’s grabbable area (see People v Brooks, 65 NY2d 1021 [1985]; see also People v Wylie, 244 AD2d 247 [1997], lv denied 91 NY2d 946 [1998]). When an officer felt a hard object in the backpack, she was entitled to open it and remove a weapon (see e.g. People v Corbett, 258 AD2d 254, 255 [1999], lv denied 93 NY2d 898 [1999]). Concur—Mazzarelli, J.P., Andrias, Catterson, Moskowitz and Román, JJ.