(Download) "Matter Carlos T" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Carlos T
- Author : Supreme Court of New York
- Release Date : January 26, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This appeal involves the "speedy hearing" provisions governing a juvenile delinquency proceeding. Section 340.1 (2) of the
Family Court Act requires that a nondetained respondent be brought before a fact-finding hearing within 60 days of his initial
appearance. The statute further provides that the court may adjourn the hearing for up to 30 days on its own motion (subd
[4] [a]), or, upon a showing of good cause, on motion of the respondent (subd [4] [b]) or the presentment agency (subd [4]
[a]). Subsequent adjournments may be granted upon a showing of special circumstances (subd [6]). "Special circumstances" are
not defined in the statute, other than that they be unrelated to such obstacles as court calendar congestion or case backlog. Respondent first appeared in Family Court on March 8, 1991, at which time the juvenile delinquency petition was filed. Under
the statute, the fact- finding hearing should have commenced, in the normal course of events, no later than May 7. The hearing
was initially scheduled for April 18. Various motions were litigated in the interim. On April 18 respondent appeared by Legal
Aid counsel who requested an adjournment because her colleague, to whom the case was assigned, was out sick. The court adjourned
the matter to April 30. When petitioner asked if respondent's Law Guardian was "waiving speedy trial", the court indicated
that such a determination prior to May 7 would be premature.
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