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MATTER OF DEVON H.

225 A.D.2d 135 (1996)

650 N.Y.S.2d 120

In the Matter of Devon H., a Person Alleged to be a Juvenile Delinquent, Respondent

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

November 26, 1996

Attorney(s) appearing for the Case

Stephanie Freeman Goldstein of counsel (Francis F. Caputo on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

Peter Wilner for respondent.

ELLERIN, RUBIN, ROSS and NARDELLI, JJ., concur.

MILONAS, J. P.

In the course of patrolling the Taft Housing Project one evening, a housing police officer observed respondent and another individual standing by a chain link fence behind 1694 Madison Avenue. From a distance of approximately 50 or 60 feet, in a well-lit parking lot, the officer saw respondent reach into a fence post approximately 2½ feet high, remove something and give it to the second individual...

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