Opinion
2002-05477
Argued May 29, 2003.
July 14, 2003.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Kings County (Grosvenor, J.), dated May 13, 2002, which, upon granting the juvenile's motion to dismiss the petition, based upon a violation of the speedy trial provision of Family Court Act § 340.1, dismissed the petition.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo, Paul L. Herzfeld, and Norman Corenthal of counsel), for appellant.
Monica Drinane, New York, N.Y. (Marcia Egger of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the appellant's contentions, the Family Court properly granted the juvenile's speedy trial motion and dismissed the petition ( see Matter of George T., 99 N.Y.2d 307). Under the circumstances of this case and in light of the Presentment Agency's failure to exercise reasonable diligence to secure the presence of the complaining police witness for the suppression hearing, the court properly denied the Presentment Agency's request for an adjournment ( see Matter of LaToya T., 221 A.D.2d 451; Matter of Ronald D., 215 A.D.2d 757; Matter of Nana O., 209 A.D.2d 621; cf. Matter of Dashaun W., 266 A.D.2d 465).
The appellant's remaining contentions are without merit.
In light of our determination, we need not reach the juvenile's alternative argument in support of affirmance.
FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.