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MATTER OF V.

107 A.D.2d 638 (1985)

In the Matter of Mariono V., a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 22, 1985

Appellant's behavior was completely innocuous when he was approached by the police. He began running up a flight of stairs but was forcibly apprehended by a police officer. Appellant discarded the weapon as he was apprehended. As conceded by respondent, Family Court erred in not suppressing the pistol as evidence upon the authority of People v Howard (50 N.Y.2d 583). The Court of Appeals declared there (p 592): "Defendant's flight...

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