MATTER OF M.


151 A.D.2d 674 (1989)

In the Matter of Elvin M., a Person Alleged to be a Juvenile Delinquent, Appellant

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

June 19, 1989


Ordered that the order of disposition is reversed, on the law and the facts, without costs or disbursements, the fact-finding order is vacated, that branch of the omnibus motion which was to suppress physical evidence is granted, and the petition is dismissed.

The instant arrest occurred after an unidentified subway passenger reported to a New York City Transit Police Officer that two young men were downstairs on the subway platform with a gun and a knife. The passenger...

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