People v. B.H.People v. B.H.
| People v B.H. |
| Decided on September 5, 2024 |
| Youth Part, Erie County |
| Freedman, J. |
| Published by New York State Law Reporting Bureau pursuant to |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Decided on September 5, 2024
The People of the State of New York
against B.H. AO. |
Docket No. FYC-72370-24
Nicholas Marino, Esq., (Assistant District Attorney) Seth Seegert, Esq. (for Principal B.H.)
Brenda M. Freedman, J.
The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Nicholas Marino, Esq. (Assistant District Attorney), dated August 11, 2024; the responsive papers filed by Seth Seegert, Esq., dated August 26, 2024, on behalf of AO B.H.; oral argument and a hearing on the motion having been waived in writing by the Assistant District Attorney; and due deliberation having been had, the Court finds the following:
AO B.H. is charged under FYC-72370-24 with one count of Robbery in the Second Degree, in violation of
Accessible Magistrate Gerald Gorman arraigned AO B.H. on July 22, 2024 and remanded her with bail, $5,000.00 A, B, or E at 10%.
Later that same day, AO B.H. was arraigned in Youth Part and this Court modified bail to the amount of $10,000 cash, $10,000 insurance company bail bond, 10% of $25,000 partially secured surety bond.
The Six-Day Reading was held on July 25, 2024. The People conceded the six-day reading and this Court found that the charges did not meet the requirements of
Findings of Fact
It is alleged that AO B.H. participated in a robbery at a Motel 6 on July 20, 2024. The Victim met AO B.H. earlier that night in the parking lot of a bar/restaurant and they exchanged phone numbers. AO B.H. later invited the Victim to the Motel 6. When the Victim arrived and entered the motel room, AO B.H. and another female were already inside. The Victim felt unsettled and decided to sit in his car.
A short time later, the Victim re-entered the motel room. Two (2) males wearing ski masks entered the hotel room and said, "keep your fucking mouth shut". One of the masked males was armed with a handgun; he pointed the gun at the Victim and said, "I'll fucking shoot you". Both men began physically assaulting the Victim, and AO B.H. joined in by kicking the Victim in the ribs. AO B.H. took the Victim's sweatshirt, which had $150.00 in the pocket. The other female took the Victim's $300 sneakers. The Victim was able to push one of the masked males and exit through the front door, subsequently calling 911. The Victim observed his assailants flee the scene in a white Chevrolet Silverado, which he reported to the 911 operator.
Police, having received the call, pulled over a white Chevrolet Silverado near the scene of the crime. The Chevrolet had four (4) occupants; one was later identified by the Victim as AO B.H. Officers recovered a grey BYRNA Pepper Ball handgun from the vehicle.
The Victim sustained the following injuries: sustained body wide pain, a swollen left temple, a laceration to his finger, abrasion to his ribcage, and an abrasion to his knee.
Conclusions of Law
Pursuant to
Pursuant to
In People v T.P.,
New York State Assembly members debating the Raise the Age legislation indicated that the extraordinary circumstances requirement was intended to be a "high standard" for the District Attorney to meet, and denials of transfers to Family Court "should be extremely rare". NY Assembly Debate on Assembly Bill A03009C, Part WWW, at 39, April 8, 2017; see also, People v S.J.,
The legislators indicated that in assessing "extraordinary circumstances", the Judge should consider the youth's circumstances, including both aggravating factors and mitigating [*2]circumstances. People v T.P.,
Aggravating factors include whether the AO: (1) committed a series of crimes over multiple days, (2) acted in an especially cruel and heinous manner, and (3) led, threatened, or coerced other reluctant youth into committing the crimes before the court. People v S.J.,
Mitigating circumstances are meant to include a wide range of individual factors, including economic difficulties, substandard housing, poverty, difficulties learning, educational challenges, lack of insight and susceptibility to peer pressure due to immaturity, absence of positive role models, behavior models, abuse of alcohol or controlled substances by the AO, or by family or peers. People v S.J.,
The People allege that AO B.H.'s actions are cruel and heinous, and that this case should remain in Youth Part. The ADA outlines that AO B.H. lured the Victim to the hotel room, with the intent of robbing the Victim. AO B.H. was a willing and active participant in the crime, and the People submit that a gun being used in the transmission of the robbery elevates this matter so as to prevent removal to Family Court.
Defense counsel raised mitigating factors including that the People have not put forth strong evidence to prove that AO B.H. was the leader of the criminal activity or that she coerced others into participating in this crime.
This youth's circumstances stand out from the average Youth Part case because she planned this crime in advance. AO B.H. actively targeted the Victim and was aware that he was being set up. During the robbery, one of AO B.H.'s co-defendants pointed a pistol at the Victim and stated, "I'll fucking shoot you". AO B.H. joined her co-defendants in physically attacking the Victim, causing physical injury to the Victim and she also took items from the Victim. These actions are "cruel and heinous" and this Court believes that the Defendant would not benefit from the heightened services of Family Court.
Extraordinary circumstances exist to prevent the transfer of this matter to Family Court. The People met its burden to prevent removal to Family Court. This matter shall remain in Youth Part. This constitutes the opinion, decision, and order of this Court.
SO ORDERED.ENTER,
_____________________________________
HON. BRENDA M. FREEDMAN