MATTER OF HERMAN S.


79 Misc.2d 519 (1974)

In the Matter of Herman S., a Person Alleged to be a Juvenile Delinquent.

Family Court, New York County.

September 27, 1974


Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Lawrence H. Johnson of counsel), for petitioner. Charles Schinitsky and Nanette Kripke for respondent.


NANETTE DEMBITZ, J.

In this juvenile delinquency proceeding in which the 15-year-old respondent is charged with possession of heroin, his motion to suppress the evidence — the alleged heroin — is granted. The court must reject petitioner's argument that the heroin seizure was valid under CPL 140.50 (the "stop-and-frisk" law).

According to petitioner policeman's uncontradicted and credible testimony, the stop-and-frisk was based on...

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