People v. V.M., 2021-51121

CourtNew York County Court
Writing for the CourtConrad D. Singer, J.
PartiesThe People of the State of New York, v. V.M., Adolescent Offender.
Docket Number2021-51121,Index FYC-00000-00
Decision Date17 September 2021

The People of the State of New York,
v.

V.M., Adolescent Offender.

No. 2021-51121

Index No. FYC-00000-00

County Court, Nassau County

September 17, 2021


Unpublished Opinion

Hon. Joyce Smith, Acting Nassau County District Attorney, Rivka Shuter, Esq. Taryn Shechter, Esq.

Attorney for the Adolescent Offender

Conrad D. Singer, J.

The following papers were read on this Motion:

The People's Affirmation and Memorandum of Law in Support. 1

Defense Counsel Affirmation in Opposition and Supporting Papers 2

The defendant in this matter, V.M. (D.O.B. 00/00/0000) is charged as an Adolescent Offender ("AO") in the Youth Part of the County Court in Nassau County. The People have moved for an Order pursuant to CPL § 722.23(1) directing that this matter remain in the Youth Part and not be removed to the Family Court in Nassau County due to the existence of "extraordinary circumstances". (CPL § 722.23[1]). The AO has filed opposition to the People's motion.

The People's Motion Opposing Removal is determined as follows:

The AO is charged by way of separate felony complaints with one count of Attempted Assault in the First Degree [Penal Law §§ 110.00/120.10(1)]; one count of Assault in the Second Degree [Penal Law § 120.05]; and one count of Criminal Mischief in the Third Degree [Penal Law § 145.05(2)]. He is also charged, by way of separate district court informations, with one count of Criminal Possession of a Weapon in the Fourth Degree [Penal Law § 260.10(1)]; and with four counts of Endangering the Welfare of a Child [Penal Law § 260.10(1)]. The charges filed against the AO arise from an incident alleged to have occurred on July 18, 2021, at approximately 1:30 AM in H., Nassau County, New York. The AO was arraigned in the Youth Part on July 19, 2021 and on July 22, 2021, the Court conducted the statutorily-required sixth-day appearance. On August 2, 2021, the Court issued its Decision and Order on the sixth-day appearance, finding that the People had failed to satisfy their burden at that appearance and ordering that the AO's case would be removed to the Family Court absent the People filing a motion opposing removal pursuant to CPL § 722.23[1]. The People thereafter filed the motion that is the subject of this Decision and Order.

The People's Motion Opposing Removal consists of the Supporting Affirmation of ADA Rivka Shuter, Esq. ["ADA Shuter Aff. In Support"], with a Memorandum of Law ["People's Memo of Law"] and exhibits attached thereto. The People argue that extraordinary circumstances exist which warrant retaining this case in the Youth Part, in that the AO is alleged to have acted in an "exceptionally cruel and heinous manner". (People's Memo of Law, p. 8). They further argue that no mitigating circumstances exist which might outweigh the determination that extraordinary circumstances exist which warrant retaining the case in the Youth Part.

The AO has opposed the People's Motion Opposing Removal. The AO's opposition consists of the supporting affirmation of his counsel, Taryn Shechter, Esq., with supporting exhibits appended thereto. The AO's counsel contends that the People have failed to prove extraordinary circumstances and the AO's case must be removed to the Family Court. She further contends that the People have failed to prove that any "highly unusual and heinous facts" exist which warrant a finding of extraordinary circumstances, and that the People have offered no proof that there is no possible benefit to the AO having his case heard in the Family Court or that the AO is not amenable to Family Court services. (Affirmation in Opposition by Taryn Shechter, Esq., dated August 30, 2021 ["Shechter Aff. In Opp."], ¶¶ 8 to 17).

FINDINGS OF FACT

It is alleged in the accusatory instrument that on July 18, 2021 at approximately 1:30 AM at the AO's home in H., Nassau County, New York, the AO was involved in an argument with the 15-year-old victim, who is his girlfriend and the mother of his child. (Ex. 1 to ADA Shuter Aff. In Support). It is further alleged that the 15-year-old victim, the victim and the AO's ten-month-old daughter, and the AO's younger siblings (11-year-old sister and 14-year-old brother) were all present in the AO's home for the incident. (Ex. 1 to ADA Shuter Aff. In Support). The AO allegedly broke the victim's phone by forcefully throwing it against his bedroom wall and causing the phone's screen to shatter. (Ex. 1 to ADA Shuter Aff. In Support).The AO then allegedly used a large kitchen knife to repeatedly slash the victim on her left leg, left arm and beneath her right breast, causing her to sustain multiple lacerations and puncture wounds. (Ex. 1 to ADA Shuter Aff. In Support). It is further alleged that the victim's injuries caused her substantial pain and required numerous stiches to control the bleeding.

It is alleged in the People's supporting affirmation that the AO stabbed the victim as she huddled in the corner of the room to protect herself. (ADA Shuter Aff. In Support, ¶ 10). It is further alleged that the AO caused multiple lacerations to the victim: five to her left leg, one laceration under her right breast, one laceration to her left arm, and one puncture wound to her left arm. (ADA Shuter Aff. In Support, ¶ 11; see also Ex. 3 thereto). It is further alleged that the AO did not stop stabbing the victim until...

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