2024 NY Slip Op 50776(U)
N.Y. Fam. Ct.2024Background
- AO M.M. was charged with multiple counts of criminal possession of stolen property and vehicle/traffic law infractions in Erie County, related to two separate auto theft incidents.
- M.M. failed to appear for arraignment on the first set of charges and was arrested again for similar conduct while out on release.
- After the second arrest, he was released under supervision but violated the supervision terms by providing false information and failing to keep in touch with probation.
- The District Attorney moved to prevent the case from being removed to Family Court under the "Raise the Age" law, alleging extraordinary circumstances.
- The court considered both aggravating and mitigating factors to determine whether removal to Family Court should be blocked.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extraordinary circumstances exist to keep M.M.'s case in Youth Part, not Family Court | M.M.'s actions were cruel/heinous, risking community safety, and he is not amenable to Family Court services due to noncompliance and recidivism | Incidents were not especially heinous, no injuries or weapons, M.M. may benefit from Family Court services | Extraordinary circumstances exist; case remains in Youth Part |
Key Cases Cited
- People v. S.J., 72 Misc 3d 196 (Fam Ct 2021) (interprets 'extraordinary circumstances' standard under Raise the Age for transfer to Family Court)
- People v. T.P., 73 Misc 3d 1215(A) (NY Co Ct 2021) (defines 'extraordinary circumstances' as exceptional facts, with high standard for DAs to prevent transfer to Family Court)