MATTER OF ELVIN G.


47 A.D.3d 527 (2008)

851 N.Y.S.2d 129

In the Matter of ELVIN G., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided January 29, 2008.


The court properly denied appellant's suppression motion without granting a hearing since his allegations on their face "did not lay out a factual scenario which, if credited, would have warranted suppression" (People v Mendoza, 82 N.Y.2d 415, 432 [1993]). Even under appellant's version of the facts, in which he asserted that a dean at his school, who was responding to a call from his teacher that an apparently unknown student was...

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