In the Matter of Jamar A., A Person Alleged to be a Juvenile Delinquent,
Respondent.
86 N.Y.2d 387, 657 N.E.2d 260, 633 N.Y.S.2d 265
October 19, 1995
1 No. 213 (1995 NY Int. 207)
Decided October 19, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Fay Ng, for Appellant presentment agency.
Patricia S. Constantikes, for Respondent.
BELLACOSA, J.:
Family Court, Bronx County, adjudicated Jamar A. a juvenile delinquent
for unauthorized use of a vehicle based on acts which would constitute
a crime if committed by an adult (see, Penal Law § 165.05(1)). The
Appellate Division reversed on the law and dismissed the juvenile
delinquency petition (207 AD2d 251), concluding that Jamar A. was
deprived of his right to a timely fact-finding hearing (see, Family
Court Act § 340.1). Two Justices dissented and the presentment agency
appeals to this Court as of right on that ground (CPLR § 5601(a)).
The basis for the dismissal by the Appellate Division and the issue
before us focus exclusively on Jamar A.'s speedy trial rights under
Family Court Act § 340.1(5) and (6). Only the "special circumstances"
adjournment on February 25, 1993 is in question. We conclude that the
order of the Appellate Division should be reversed and the Family
Court adjudication should be reinstated.
The delinquency petition was filed on December 3, 1992 with respondent
present in Family Court. The petition charged respondent with acts
which, if committed by an adult, would constitute the crimes of grand
larceny in the fourth degree, criminal possession of stolen property
in the fourth degree, criminal mischief in the third and fourth
degrees, unauthorized use of a vehicle in the third degree, criminal
possession of stolen property, and petit larceny.
The court scheduled a fact-finding hearing for January 11, 1993 and
released the juvenile to his mother. On the first set date, the
presentment agency requested and was granted an adjournment to January
20th. Respondent failed to appear on the rescheduled date, and the
SNIPPETS:
In the Matter of Jamar A., A Person Alleged to be a Juvenile Delinquent, Respondent.
Family Court, Bronx County, adjudicated Jamar A. a juvenile delinquent for unauthorized use
Two Justices dissented and the presentment agency appeals to this Court as of right on that
The basis for the dismissal by the Appellate Division and the issue before us focus
We conclude that the order of the Appellate Division should be reversed and the Family Court
The court scheduled a fact-finding hearing for January 11, 1993 and released the juvenile to
the presentment agency requested and was granted an adjournment to January 20th.
The Family Court Judge admonished respondent that if he failed to appear for the next
Shortly after the February 25 appearance and special circumstances adjournment, respondent's
Special circumstances "is a matter that must be decided on a case-by-case basis, with due
Family Court Act § 340.1requires that a court shall state "on the record the reason" for an
Taken together, the following factors remove this case from the dismissal imperative of
circumstance and created solely by the respondent's unscheduled appearance; the on-the-record
The Appellate Division majority and the dissenters in this Court nevertheless conclude that
Notably, in 1994, a new subdivision was added to the statute that prospectively declares
This amendment does not govern this case, since respondent's case was decided prior to the
Finally, since this appeal is decided by application of the statute to the particular facts
Simons, J. (dissenting):
The provisions of Family Court Act § 340.1 and the prior decisions of this Court establish
We have held that adherence to these statutory provisions "mandatory" (Matter of Randy K, 77
Moreover, we have expressly held that a juvenile's absence does not automatically qualify as
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