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In re Devon G.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 29, 2009

IN RE DEVON G., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 29, 2009, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act, which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the second degree, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him in with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Friedman, Acosta, DeGrasse, RomÁn, JJ.

Presentment Agency

There was sufficient evidence to satisfy the requirement that a confession be corroborated (see Family Ct Act § 344.2[3]; Matter of Carmelo E, 57 NY2d 431, 433 [1982]). The police saw and heard a weapon fired four times from within a group that included appellant, they pursued appellant and apprehended him a block away, and they immediately found a revolver containing four empty shells and two live rounds along the path where appellant had run. This evidence amply corroborated appellant's out of court confession that he carried the revolver after its discharge and discarded it while fleeing (see Matter of Victor V., 30 AD3d 430, 432 [2006], lv denied 7 NY3d 710 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091229

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