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IN THE MATTER OF ANTHONY B., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Appellant's suppression motion was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record. The police acted lawfully in approaching appellant to inquire whether he had heard the screams heard by the officers, since he was in the area from which the screams emanated ( see, People v. Hollman, 79 N.Y.2d 181). According due deference to the credibility determinations of the hearing court, we conclude that after appellant dropped his backpack on the ground at his feet, the arresting officer did not engage in any unlawful touching of the backpack. In the circumstances here presented, we find the officer's manner of handling the bag to be reasonable ( see, People v. Batista, 88 N.Y.2d 650, 653). When the officer inadvertently felt a handgun in the backpack, probable cause existed for appellant's arrest. The officer acted reasonably in opening the backpack, which was within appellant's grabbable area, to secure the gun ( see, Matter of Marrhonda G., 81 N.Y.2d 942, 945), while her partner acted to secure appellant ( see, People v. Smith, 59 N.Y.2d 454, 458).

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MATTER OF ANTHONY B
(Jan 13, 2000)