Legal Opinion

In re Yusef B.

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

Decided January 10, 2000Published

1Opinion of the Court

—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the Presentment Agency appeals from an order of the Family Court, Kings County (Pearce, J.), dated August 31, 1998, which dismissed the petition.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly dismissed the petition since a fact-finding hearing was not held within 60 days of the respondent’s initial appearance in court (see, Family Court Act § 340.1 [2]). A period of 25 days, during which a warrant was outstanding, were properly included in calculating the 60-day period,…

2Cases cited7 opinions

  1. People v. LuperonNew York Court of Appeals · 1995
  2. Matter of Benjamin L.New York Court of Appeals · 1999
  3. People v. ReidAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. TorresNew York Court of Appeals · 1996
  5. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1995

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