In re Gerard T.

Appellate Division of the Supreme Court of New York

In re Gerard T.

245 A.D.2d 115, 665 N.Y.S.2d 652, 1997 N.Y. App. Div. LEXIS 12997

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1997

StatusPublished

Cited by1 cases

This text of 245 A.D.2d 115 (In re Gerard T.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gerard T., 245 A.D.2d 115, 665 N.Y.S.2d 652, 1997 N.Y. App. Div. LEXIS 12997 (N.Y. Ct. App. 1997).

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Opinion

—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about February 23, 1996, which adjudicated appellant a juvenile delinquent, following a fact-finding determination that appellant had committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree and assault in the third degree, and placed him with the New York State Division for Youth for a period of 1 year, unanimously affirmed, without costs.

[116]*116Appellant was not denied his right to a speedy fact-finding hearing. The record demonstrates that each of the two single-day adjournments in question, which occurred on the two days immediately following the blizzard of January 7-8, 1996 (see, Matter of David W., 241 AD2d 388), were clearly the result of the blizzard. We find that both the “good cause” requirement of Family Court Act § 340.1 (4) (a) and the “special circumstances” requirement of Family Court Act § 340.1 (6) were satisfied. We have considered appellant’s remaining arguments and find them to be without merit. Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.

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—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about February 23, 1996, which adjudicated appellant a juvenile delinquent, following a fact-finding determination that appellant had committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree and assault in the third degree, and placed him with the New York State Division for Youth for a period of 1 year, unanimously affirmed, without costs.

[116]*116Appellant was not denied his right to a speedy fact-finding hearing. The record demonstrates that each of the two single-day adjournments in question, which occurred on the two days immediately following the blizzard of January 7-8, 1996 (see, Matter of David W., 241 AD2d 388), were clearly the result of the blizzard. We find that both the “good cause” requirement of Family Court Act § 340.1 (4) (a) and the “special circumstances” requirement of Family Court Act § 340.1 (6) were satisfied. We have considered appellant’s remaining arguments and find them to be without merit. Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.

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Bluebook (online)

245 A.D.2d 115, 665 N.Y.S.2d 652, 1997 N.Y. App. Div. LEXIS 12997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gerard-t-nyappdiv-1997.

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