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MATTER OF VICTOR M.

9 N.Y.3d 84 (2007)

876 N.E.2d 1187

845 N.Y.S.2d 771

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

Court of Appeals of the State of New York.

Decided October 16, 2007.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Lisa B. Freedman, Tamara A. Steckler, Steven Banks and Carolyn Kalos of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Sharyn Rootenberg and Larry A. Sonnenshein of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that the police search at issue in this case was unreasonable as a matter of law, and that the drugs found on Victor M. during the search must be suppressed.

Facts and Procedural History

Officer Orlando Recio, patrolling a Bronx apartment building, came upon Victor and several other people gambling with dice. The officer decided to issue Victor a summons, but Victor had no identification, and his mother...

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