Administrative

In the Matter of Kelvin R., a Person Alleged to be a Juvenile Delinquent, Appellant

298 A.D.2d 183748 N.Y.S.2d 46·New York Supreme Court, Appellate Division·2002·NY

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Opinion

In the Matter of Kelvin R., a Person Alleged to be a Juvenile Delinquent, Appellant. [748 NYS2d 46] [MAJORITY] Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about August 9, 2001, which adjudicated appellant a juvenile delinquent, upon his admission that he had committed an act which, if committed by an adult, would constitute the crime of resisting arrest, and conditionally discharged him for a period of 12 months, unanimously affirmed, without costs. The court properly denied appellant’s motion to dismiss the petition made on the ground that he was denied his constitutional right to a speedy trial (see Matter of Benjamin L., 92 NY2d 660). The presentment agency presented a sufficient excuse for its seven-month delay in filing the petition, given its reasonably diligent efforts to secure a supporting affidavit from the non-English speaking, reluctant civilian victim. Moreover, the delay did not undermine the rehabilitative goal of this proceeding and appellant was not prejudiced in any manner. Concur — Williams, P.J., Nardelli, Mazzarelli, Marlow and Gonzalez, JJ.