Summary
This New York Appellate Division decision reviews a County Court ruling regarding the transfer of a criminal prosecution from the Youth Part to Family Court under the "Raise the Age" legislation. The court reversed the lower court's denial of the defendant's motion to remove the action, holding that the People failed to demonstrate the extraordinary circumstances required by CPL 722.23(1) to keep the case out of Family Court. Consequently, the matter was remitted for entry of an order transferring the prosecution to Family Court.
Topics
Practice areas
Questions Presented
- Whether the Youth Part erred in denying the defendant's motion to remove the action to Family Court under CPL 722.23(1).
- Whether the People satisfied the extraordinary circumstances requirement to prevent removal under CPL 722.23(1).
Holdings
- The Youth Part should have denied the People's motion and granted the defendant's motion; the judgment is reversed.
Key quotations
“The People failed to demonstrate that extraordinary circumstances existed (see People v. Lloyd F., _____ AD3d _____ [decided herewith]).”
Factual background
The defendant was 17 years old when charged with criminal possession of a weapon in the second degree. He pleaded guilty and was adjudicated a youthful offender. The Youth Part granted the People's motion to keep the case in the Youth Part and denied the defendant's motion to transfer it to Family Court.
Procedural history
The Youth Part granted the People's motion and denied the defendant's motion to remove the case to Family Court. The defendant subsequently pleaded guilty to criminal possession of a weapon in the second degree and was adjudicated a youthful offender. The defendant appealed the Youth Part's determinations.
Remand instructions
Remitted to the County Court, Rockland County, for the entry of an order removing the action to the Family Court, Rockland County.