| Matter of Gilbert M. |
| 2015 NY Slip Op 03472 [127 AD3d 642] |
| April 28, 2015 |
| Appellate Division, First Department |
[*1]
| In the Matter of Gilbert M., a Person Alleged to be aJuvenile Delinquent, Appellant. |
Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers ofcounsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Drake A. Colley of counsel),for presentment agency.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on orabout February 21, 2014, which adjudicated appellant a juvenile delinquent upon hisadmission that he committed an act that, if committed by an adult, would constitute thecrime of criminal possession of a weapon in the second degree, and placed him with theAdministration for Children's Services' Close to Home program for a period of 18months, unanimously affirmed, without costs.
The court properly denied appellant's motion to suppress physical evidencerecovered from his apartment. There is no basis for disturbing the court's credibilitydeterminations. The court properly found that the initial police entry into the apartmentwas made pursuant to appellant's mother's voluntary consent, conveyed by her beckoninghand gesture inviting them into the apartment (see e.g. People v Davis,120 AD2d 606, 606-607 [2d Dept 1986], lv denied 68 NY2d 769 [1986]). Thecourt likewise properly found that, after the police entered, appellant's aunt, theapartment's lessee, gave her voluntary and uncoerced consent to a search of the apartmentby signing a consent form. We note that the aunt was expressly informed that she was notrequired to consent to the search. Concur—Tom, J.P., Sweeny, Manzanet-Daniels,Clark and Kapnick, JJ.