In re Brian M.

121 A.D.3d 1115

995 N.Y.S.2d 208

2014 N.Y. Slip Op. 07355

In the Matter of BRIAN M. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 29, 2014

Affirmed in part and dismissed in part. Seymour W. James, Jr., New York, N.Y. (John A. Newbery and Tamara A. Steckler of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Emma Grunberg of counsel), for respondent.

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, and SHERI S. ROMAN, JJ.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Brian M. appeals from an order of disposition of the Family Court, Kings County (McElrath, J.), dated October 7, 2013, which, upon an order of fact-finding of the same court dated September 24, 2013, made upon his admission, finding that he committed an act which, if committed by an adult, would have constituted the crime of possession or sale of a toy or imitation firearm, adjudged him to be a juvenile delinquent, and placed him in the custody of the Commissioner of Social Services of the City of New York for a period of 12 months, less the period spent in detention pending disposition. The appeal brings up for review the denial, after a hearing, of those branches of the appellant's omnibus motion which were to suppress physical evidence and statements that he made to law enforcement officials.

ORDERED that the appeal from so much of the order of disposition as placed the appellant in the custody of the Commissioner of Social Services of the City of New York for a period of 12 months, less the period spent in detention pending disposition, is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The appeal from so much of the order of disposition as placed the appellant in the custody of the Commissioner of Social Services of the City of New York for a period of 12 months, less the period spent in detention pending disposition, has been rendered academic, as that period of placement has expired ( see Matter of Tilar Mc., 116 A.D.3d 700, 983 N.Y.S.2d 575).

The appellant contends that the Family Court should have suppressed physical evidence and his statements to law enforcement officials as the product of an unlawful arrest. Contrary to the appellant's contention, the court properly determined that...