MATTER OF KENNEDY T.


39 A.D.3d 408 (2007)

835 N.Y.S.2d 85

In the Matter of KENNEDY T., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided April 24, 2007.


The court properly denied appellant's motion to suppress a knife that the police recovered from his person while detaining him as a suspected truant. Appellant was standing on the street with a group of youths on a school day in early May during school hours. He admitted to being 15 years old, could not produce identification, and stated that he was "hanging out with his cousin." These circumstances provided a lawful basis to detain appellant as a truant (see Matter of...

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