Matter of Hershel L.

Richard N. Lentino, Middletown, Law Guardian, for Hershel L., respondent. Children's Rights Society, Inc., Goshen (Kim Pavlovic of counsel), Law Guardian, for Kyle J. M., respondent. Carla S. Wise, Goshen, Law Guardian, for Jack P. S., respondent. Richard B. Golden, County Attorney of Orange County, Goshen (Allan Y. Drian of counsel), for petitioner.

OPINION OF THE COURT

ANDREW P. BIVONA, J. These are applications by the above-captioned respondents to dismiss the proceedings pending against them on speedy trial grounds. All three respondents are charged with crimes which, if committed by an adult, would constitute the crimes of assault in the second degree, a class D felony, in violation of section 120.05 (2) of the Penal Law and assault in the third degree in violation of section 120.00 (2) of the Penal Law, as, allegedly, on February 25, 1999, at 2:05 P.M., all three respondents struck another student with their book bags causing that student physical injury. On March 4, 1999, all three respondents were "arrested." On March 12, 1999, the Office of the County Attorney was notified by the Orange County Department of Probation that adjustment services did not commence because the complainant was insisting on immediate court access and the juvenile delinquency petitions were transmitted on that date to the County Attorney's office for possible presentment to the Family Court. Simultaneously, all three respondents were advised of same by separate letter dated March 12, 1999. Thereafter, the case languished until September 1, 1999, when the instant juvenile delinquency petitions against all three respondents were filed in this court. The respondents now move to dismiss on the grounds of speedy trial. In May of this year this court visited this issue in an unpublished decision entitled Matter of Carl J., a copy of which is attached to the County Attorney's affirmation in opposition to the motion. In that case, which is presently on appeal, the respondent was charged with acts which, if committed by an adult, would constitute the crimes of sexual abuse in the first degree, a class D felony, in violation of section 130.65 (1) of the Penal Law (three counts), one count of assault in the second degree, a class D felony, in violation of section 120.05 (2) of the Penal Law, and several misdemeanors. An appearance ticket was issued to that respondent on October 26, 1998, the matter was declined for adjustment by the Probation Department by important enough by the presentment agency to warrant a different disposition. As to the respondent Hershel L., there is no prior juvenile delinquency or person in need of supervision (PINS) behavior which has been brought to this court's attention. The court will find that in light of its determination as to the extent of the delay being unreasonable, the inexcusable reasons offered by the presentment agency for the delay, the nature of the underlying charge, the fact that the rehabilitation issues are being addressed as to two of the respondents and that the third respondent has no juvenile delinquency or PINS history, it does not need to reach the issues of whether or not there is any indication that the defense has been impaired by reason of the delay or whether the respondents suffer any mental or emotional handicaps. It also does not need to hold a hearing to determine this motion. In light of the above factors, the court finds that granting of the motions in these matters is warranted and necessary to preserve the integrity of the juvenile delinquency proceedings. Accordingly, the motions are granted.