In re Paul W.
Opinion of the Court
Order of disposition, Family Court, Bronx County (Nancy M. Bannon at suppression hearing, speedy trial motion and fact-finding determination; Monica Drinane, J., at disposition), entered on or about April 20, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts, which, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second degree (two counts), possession of pistol or revolver ammunition, and unlawful possession of a weapon by a person under 16 (two counts), and placed him with the Office of Children and Family Services for a period of 18 months, unanimously reversed, on the law, and the petition dismissed, without costs.
The petition, however, is dismissed because appellant’s right to a speedy disposition pursuant to Family Court Act § 340.1 was violated (see e.g. Matter of Frank C., 70 NY2d 408 [1987]). “Successive motions to adjourn a fact-finding hearing shall not be granted in the absence of a showing ... of special circumstances; such circumstances shall not include calendar congestion” (Family Ct Act § 340.1 [6]). Furthermore, the suppression hearing was not conducted on an expedited basis, as required because appellant was detained (see Family Ct Act § 332.2 [4]).
Furthermore, the preclusion motion filed by appellant’s counsel pertained only to the third officer’s testimony at the fact-finding hearing, and thus, did not provide grounds for delaying the suppression hearing (see Family Ct Act § 330.2 [8]). Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.