Legal Opinion

In re Tommy C.

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

Decided October 26, 1992PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J. P.

The case before us involves interpretation of the statutory deadlines for fact-finding hearings in juvenile delinquency proceedings. Family Court Act § 310.2 is a general provision, entitling the juvenile to a speedy fact-finding hearing. Family Court Act § 340.1 (2) is specific, and requires that, if the respondent is not in detention, a fact-finding hearing shall commence within 60 days after the conclusion of the juvenile’s "initial appearance” (see, Family Ct Act § 320.1).

When a juvenile delinquency petition is dismissed for facial insufficiency, and a…

2Cases cited6 opinions

  1. People v. CortesNew York Court of Appeals · 1992
  2. People v. LomaxNew York Court of Appeals · 1980
  3. People v. OsgoodNew York Court of Appeals · 1980
  4. In re Frank C.New York Court of Appeals · 1987
  5. In re Randy K.New York Court of Appeals · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In re Melvin A.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Matter of Robert O.New York Court of Appeals · 1995
  3. In re Shannon FF.Appellate Division of the Supreme Court of the State of New York · 1993
  4. In re Elizabeth R.Appellate Division of the Supreme Court of the State of New York · 1997
  5. In re Gabriel R.Appellate Division of the Supreme Court of the State of New York · 1994

7 more not listed; retrieve them via the Exa API.

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