People v. Treyvon A. E.

Summary

The Appellate Division, Second Department, reversed judgments convicting Treyvon A. E. of two counts of robbery in the second degree. The court held that the People failed to demonstrate extraordinary circumstances sufficient to prevent removal of the actions to Family Court under New York's Raise the Age legislation. The matter was remitted for entry of an order removing the actions to Family Court.

Holdings

1. The People failed to demonstrate that extraordinary circumstances existed to prevent removal of the actions to Family Court; therefore, the Youth Part should have denied the People's motion under CPL 722.23(1).

Questions Presented

1. Whether the People established extraordinary circumstances sufficient under CPL 722.23(1)(d) to prevent removal of the adolescent offender's proceedings from the Youth Part to Family Court.
2. Whether the County Court judgments entered after the Youth Part improperly denied removal to Family Court should be reversed.

Disposition

reversed_and_remanded