IN THE MATTER OF WILLIAM


57 A.D.3d 1509 (2008)

870 N.Y.S.2d 664

In the Matter of WILLIAM P., Appellant. RIE COUNTY ATTORNEY, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 31, 2008.


Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed the crime of unlawful possession of weapons by persons under 16 (Penal Law § 265.05). That statute expressly provides that "[a] person who violates the provisions of [section 265.05] shall be adjudged a juvenile delinquent." Respondent contends that Family Court erred in refusing to suppress the gun without conducting a hearing because he was...

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