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In re Christian G.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 5, 2010

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

Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about January 8, 2009, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of criminal use of drug paraphernalia in the second degree, and placed him with the Office of Children and Family Services for a period of 12 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.

Tom, J.P., Andrias, McGuire, Manzanet-Daniels, JJ.

Presentment Agency

The court properly denied appellant's suppression motion. There was probable cause for appellant's arrest based on an officer's observations of behavior warranting a reasonable inference that appellant acted as a steerer and lookout in a drug transaction. We note that conduct of the type observed by the officer has been held to establish a legally sufficient case of accessorial liability (see e.g. People v Eduardo, 11 NY3d 484, 493 [2008]), a higher standard than probable cause.

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

20100105

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