Matter of Nelson R., 2011 NY Slip Op 08675 [90 AD3d 415]

Dcmbr 1, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Nancy M. Bannon, J.), entered on or about August 9, 2010, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the seventh degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. There is no basis for disturbing the court’s credibility determinations. The officer’s testimony established a lawful seizure under the plain view doctrine, and we do not find that testimony to be implausible or unworthy of belief. Concur—Tom, J.P., Andrias, Catterson, Abdus-Salaam and RomÁn, JJ..