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In re Denny E.

Supreme Court of New York, First Department

January 7, 2014

In re Denny E., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Julian Kalkstein of counsel), for presentment agency.

Gonzalez, P.J., Tom, Saxe, Manzanet-Daniels, Gische, JJ.

Appeal from order of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about September 7, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed him on probation for a period of nine months, held in abeyance, and the matter remanded to Family Court, Bronx County, for further proceedings on defendant's motion to suppress evidence.

Defendant's motion papers were sufficient to raise a question of fact as to whether his identification was the product of an unlawful seizure (Dunaway v New York, 442 U.S. 200 [1979]).


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