Opinion
2206
November 18, 2003.
Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about August 28, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
Diane Pazar, for Nathaniel F.
Mordecai Newman, for Presentment Agency.
Before: Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.
Appellant's right to a speedy trial was not violated since the fact-finding hearing commenced on the 60th day following his initial appearance (Family Ct Act § 340.1; Matter of Ango H., 286 A.D.2d 500, 501; Matter of Sharnell J., 237 A.D.2d 290). The various subdivisions of Family Court Act § 340.1 dealing with adjournments refer to adjournments of the commencement of a fact — finding hearing and not to delays in completing the hearing, which are addressed to the court's sound discretion (see Matter of Eric W., 68 N.Y.2d 633;People v. Foy, 32 N.Y.2d 473, 476; Matter of George T., 290 A.D.2d 396,revd on other grounds, 99 N.Y.2d 307). The court's discretion was properly exercised in this case.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.