In re Rauon G.
Opinion of the Court
Ordered that on the Court’s own motion, the notice of appeal dated March 13, 2009, is deemed to be a notice of appeal by Rauon G. (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605 [2004]); and it is further,
Ordered that the appeal from so much of the order of disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for a period of up to 12 months is dismissed as academic, without costs or disbursements, as the placement has expired pursuant to the terms of the order of disposition (see Matter of Darnell C., 66 AD3d 771, 772 [2009]; Matter of Joseph R., 49 AD3d 651 [2008]); and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The appellant was arrested and placed in the back seat of a police car. Thereafter, he kicked out the passenger-side rear window of the vehicle. Based on that conduct, and following a fact-finding hearing, the Family Court determined that the appellant committed an act which, if committed by an adult, would have constituted the crime of criminal mischief in the fourth degree. The appellant contends that his initial arrest was not supported by probable cause and, therefore, was illegal; he further contends that, as a result, the charge of criminal mischief in the fourth degree should have been dismissed. We disagree. Even if the appellant’s initial arrest were unlawful, his subsequent act of kicking out the window of the police car was an independent, voluntary act, sufficiently attenuated from the arrest so as to be purged of any taint (see People v Davis, 59 AD2d 722, 723 [1977]; People v Puglisi, 51 AD2d 695, 695 [1976]; People v Munger, 37 AD2d 950 [1971]; see also People v Vanhoesen, 31 AD3d 805, 806 [2006]; People v Smith, 244 AD2d 583, 583 [1997]; People v Smith, 235 AD2d 639, 640 [1997]; People v Vorhees, 229 AD2d 553, 554 [1996]; People v Mercado, 229 AD2d 550, 551 [1996]).
The appellant’s remaining contentions are without merit. Covello, J.P., Miller, Dickerson and Belen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.