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In the Matter of Marquese T

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2004
11 A.D.3d 622 (N.Y. App. Div. 2004)

Opinion

2003-10377

October 18, 2004.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Gary, J.), dated October 24, 2003, which granted the application of the juvenile to dismiss the petition based on an alleged violation of the statutory speedy trial provision of Family Court Act § 340.1 and dismissed the proceeding.

Before: Ritter, J.P., S. Miller, Mastro and Fisher, JJ., concur.


Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the application is denied, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings.

The Family Court erred in dismissing this juvenile delinquency proceeding on statutory speedy trial grounds ( see Matter of Andre P., 11 AD3d 617 [decided herewith]).

The respondent's contention that his initial appearance was untimely was not raised in the Family Court, and we therefore do not reach the merits of that contention ( see Matter of Alex V., 207 AD2d 493; Matter of Brian S., 151 AD2d 577).


Summaries of

In the Matter of Marquese T

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2004
11 A.D.3d 622 (N.Y. App. Div. 2004)
Case details for

In the Matter of Marquese T

Case Details

Full title:In the Matter of MARQUESE T., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 2004

Citations

11 A.D.3d 622 (N.Y. App. Div. 2004)
782 N.Y.S.2d 661