People v. J.J.

Decision Date15 March 2022
Docket NumberFYC 70353-21/001
Citation74 Misc.3d 1223 (A),163 N.Y.S.3d 793 (Table)
Parties The PEOPLE of the State of New York v. J.J., An Adolescent Offender, Defendant.
CourtNew York County Court

74 Misc.3d 1223 (A)
163 N.Y.S.3d 793 (Table)

The PEOPLE of the State of New York
v.
J.J., An Adolescent Offender, Defendant.

FYC 70353-21/001

County Court, New York, Ulster County.

Decided on March 15, 2022


For the People: David J. Clegg, District Attorney, by Elizabeth A. Culmone-Mills, Assistant District Attorney

For the Defendant: Ulster County Public Defender's Office, by Dana Rudikoff, Esq.

Bryan E. Rounds, J.

Submissions Considered

1. Affirmation in Support of the People's Motion to Prevent Removal, pursuant to CPL § 722.23(1), dated January 14, 2022; and

2. Affirmation in Opposition to the People's Motion to Prevent Removal, pursuant to CPL § 722.23(1), dated February 1, 2022.

The defendant, J.J. (date of birth xx/xx/05), is charged as an adolescent offender (hereinafter "AO") ( CPL § 1.20[44] ) in a felony youth complaint with four counts of Arson in the Second Degree, a Class B Violent Felony, in violation of Penal Law § 150.15.

PROCEDURAL HISTORY

On December 18, 2021, J.J. was arrested and charged as set forth above. Pursuant to CPL § 722.21(1), he was arraigned in Kingston City Court before the most accessible magistrate (Hon. Philip W. Kirschner), bail was set, and the matter was adjourned to the Ulster County Youth Part for December 21, 2021.

On December 21, 2021, the AO was arraigned in the Ulster County Youth Part by the Hon. James Farrell. At arraignment, the People conceded that they could not prove by a preponderance of the evidence the existence of any of the aggravating factors set forth in CPL § 722.23(2)(c), thereby rendering this action presumptively subject to removal to Family Court. The People did, however, give notice of their intention to file a motion, pursuant to CPL § 722.23(1)(a), seeking to prevent removal on the grounds that the extraordinary circumstances of the case warrant keeping it in the Youth Part ( CPL § 722.23(1)(d) ). The matter was adjourned until January 18, 2022, to permit the People to file said motion.

On January 14, 2022, the District Attorney's office filed the instant Notice of Motion with an Affirmation in Support and exhibits attached thereto.

On February 1, 2022, the AO filed his Affirmation in Opposition. No exhibits were attached thereto.

On February 16, 2022, after having reviewed the parties’ submissions, the Court issued an Order granting a hearing on the People's application, to be held on February 25, 2022 at 10:00 a.m.

Between February 16, 2022 and February 25, 2022, the parties continued to negotiate the issue presented in the instant motion in an attempt to resolve the issue without court intervention.

Ultimately, the parties agreed to forego a fact-finding hearing and to have the Court adjudicate the motion upon written submissions.

FINDINGS OF FACT

Four separate felony complaints have been filed, but the charges seem to emanate out of a single incident that is alleged to have occurred on December 18, 2021, at the Children's Home of Kingston ("the Home"). Specifically, it is alleged that, while a resident of Holcomb Cottage at the Home, the AO set fire to the contents of his private room within Holcomb Cottage with the intention of damaging the building itself. It is also alleged that the AO set the fire knowing that three other residents of the Home and a residential counselor were present inside the building at the time and, further, that said fire caused actual damage to the building.

Attached to the felony complaints are the same two supporting depositions that the People proffered as exhibits to their written motion. Each of them is from an employee of the Home who claims to have made some personal observations of fact relative to the incident.

The deposition of Christian Rodriguez states that, as of the date in question, Rodriguez had been employed by the Home as a Residential Counselor for approximately two years and, further, that he was working his scheduled shift on the date and at the time in question. Rodriguez was inside Holcomb Cottage, performing his daily duties as a residential counselor, when he heard the fire alarm begin to sound. After calling the on-duty supervisor, James Garrick, Rodriguez checked the private rooms within the cottage and he noticed that three of the residents (Chris, John and Thomas) were in their respective rooms, but also that he saw the AO come out of the bathroom and exit the building. When he smelled smoke coming out of Room No.4, which he referred to as "J.J.’s" room, he knew there was a fire and he directed everyone to leave the building and wait out by the street for the first responders to arrive. While Rodriguez was waiting outside for the first responders, he overheard the AO say that he was "sick and tired of the rotten food from the Children's Home" and "that is the reason [I] started the fire."

The deposition of Tara Bullock states that, as of the date in question, she had been employed by the Home for approximately six years as a child-care worker. On December 18, 2021, at approximately 1:30 p.m., she was performing her daily duties inside Forsythe Cottage when she heard the fire alarm begin to sound. She looked outside and saw a supervisor named Richard McIntosh coming out of Holcomb Cottage. Then, she saw the AO walk...

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