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MATTER OF MICHAEL W.

295 A.D.2d 134 (2002)

742 N.Y.S.2d 828

In the Matter of MICHAEL W., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided June 6, 2002.

Appellant's suppression motion was properly denied. The record supports the court's credibility determinations and there is no basis for disturbing them (see, People v Prochilo, 41 N.Y.2d 759, 761). Although a delinquency proceeding may not be initiated for a violation, the officer's testimony, credited by the court, established that the police properly took appellant into custody for a violation because he appeared to be over 16...

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