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In re Victor R.

123 A.D.3d 458 Court N.Y. App. Div. Decision date 2014-12-04 English

Judges Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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p. 458
In the Matter of Victor R., a Person Alleged to be a Juvenile Delinquent, Appellant.
[998 NYS2d 47]

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 12, 2012, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of possession of box cutters in a public place or on school premises, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. School officials received information that appellant had made a threat, involving the use of a weapon, against a fellow student. The threatened student provided first-hand information that met the standard of reasonable suspicion applicable to school searches (see Matter of Gregory M., 82 NY2d 588 , 592-593 [1993]), “particularly in light of the urgency of interdicting weapons in schools” (Matter of Steven A., 308 AD2d 359 , 359 [1st Dept 2003]).

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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