| Matter of Brandon D. |
| 2012 NY Slip Op 04216 [95 AD3d 776] |
| May 31, 2012 |
| Appellate Division, First Department |
| In the Matter of Brandon D., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), forpresentment agency.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on orabout October 22, 2010, which adjudicated appellant a juvenile delinquent upon a fact-findingdetermination that he committed an act, which, if committed by an adult, would constitute thecrime of criminal possession of stolen property in the fifth degree, and placed him on probationfor a period of 18 months, unanimously reversed, on the law and the facts, without costs,appellant's suppression motion granted, and the petition dismissed.
Based on the evidence presented, appellant's motion to suppress the physical evidence andhis statements should have been granted. Appellant was seized when he exited the store andcomplied with the officer's order to stop. It is apparent that appellant was not free to leave(see People v Bora, 83 NY2d 531, 534-535 [1994]). This constituted a level-threeencounter, which was not justified by a reasonable suspicion that appellant committed a crime(see People v De Bour, 40 NY2d 210, 223 [1976]). There was no basis to detainappellant for possession of a gravity knife since there was no evidence that he knew his friendhad the knife. Concur—Mazzarelli, J.P., Catterson, DeGrasse, Richter andManzanet-Daniels, JJ.