George J., Matter of
| Decision Date | 02 November 1992 |
| Citation | 187 A.D.2d 427,590 N.Y.S.2d 737 |
| Parties | In the Matter of GEORGE J. (Anonymous), Appellant. |
| Court | New York Supreme Court — Appellate Division |
Lenore Gittis, New York City (Kenneth Rabb, of counsel), for appellant. O. Peter Sherwood, Corp. Counsel, New York City (Larry A. Sonnenshein and Julian L. Kalkstein, of counsel), for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Torres, J.), entered February 25, 1991, which, upon a fact-finding order of the same court, entered July 11, 1990, made after a hearing, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of criminal sale of a controlled substance in the third degree, adjudged him to be a juvenile delinquent, and placed him with the Division of Youth for a period of up to 18 months. The appeal brings up for review the denial, without a hearing, of that branch of the appellant's omnibus motion which was to suppress physical evidence. ORDERED that the order of disposition is affirmed, without costs or disbursements. The appellant contends that the Family Court erred in summarily denying the suppression of physical evidence without a hearing. We disagree. In his affirmation in support of suppression, the appellant's counsel asserted that . On oral argument before the Family Court, counsel merely asserted that "there was no probable cause to seize this youngster". We find these assertions to be inadequate to warrant a hearing, since they "stated only conclusory legal grounds for the relief requested, which were not supported by sufficient allegations of fact" (see, People v. Jordan, 122 A.D.2d 224, 224-225, 504 N.Y.S.2d 755; see also, People v. Rodriguez, 162 A.D.2d 478, 556 N.Y.S.2d 401; People v. Pavesi, 144 A.D.2d 392, 533 N.Y.S.2d 784). Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the appellant's guilt beyond a reasonable doubt. The appellant's contentions with respect to the undercover officer who made the drug purchase and to the testimony of the appellant's alibi witness...
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