Removal to Family Court Required Pursuant to Raise the Age Legislation
Our client, at the age of 16, was charged with weapon possession offenses. The prosecution sought to prevent removal to Family Court, claiming “extraordinary circumstances” required the case to remain in the Youth Part of the Richmond County Supreme Court. The Youth Part granted the motion and prevented removal and our client subsequently pled guilty.
The Second Department reversed, concluding the Youth Part abused its discretion. The Court found that a 16-year-old’s possession of a loaded weapon, in a high crime area, did not amount to “extraordinary circumstances.” There was no allegation that he engaged in any unlawful conduct beyond possession, and it was undisputed that no one was harmed. Furthermore, the Court noted, the record established that our client had engaged meaningfully with Family Court services. Noting that “the Youth Part treated a single rearrest–absent a conviction–as dispositive” of our client’s future potential, the Second Department found that such “reasoning, if broadly applied, would undermine the core purpose of the Raise the Age legislation.” Accordingly, the judgment was reversed and the matter was remitted, with the case being removed to Family Court.
Steven C. Kuza represented our client