MATTER OF RAQUEL M.


291 A.D.2d 155 (2002)

740 N.Y.S.2d 2

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

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

March 5, 2002.


Attorney(s) appearing for the Case

Gary Solomon of counsel (Monica Drinane, The Legal Aid Society, Juvenile Rights Division, attorney), for appellant.

Helen P. Brown of counsel (Kristin M. Helmer on the brief; Michael D. Hess, Corporation Counsel of the City of New York, attorney), for Presentment Agency.

SAXE and WALLACH, JJ., concur with FRIEDMAN, J.; ANDRIAS, J.P., and LERNER, J., dissent in a separate opinion by ANDRIAS, J.P.


OPINION OF THE COURT

FRIEDMAN, J.

On July 28, 1999, Abdul Salahuddin, a traffic enforcement agent for the New York City Police Department, parked his 1995 Ford Aerostar van at 789 Coney Island Avenue in Brooklyn. Three days later, police officers, while waiting at a red light at Avenue A and East 4th Street in Manhattan, noticed the van in front of them. Their attention was attracted to the van because of a defective left taillight. As a result, they ran...

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