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<?xml version="1.0" encoding="utf-8"?> <feed xml:lang="en-us" xmlns="http://www.w3.org/2005/Atom"><title>CourtListener.com: All opinions for the New York Family Court</title><link href="https://www.courtlistener.com/" rel="alternate"/><link href="https://www.courtlistener.com/feed/court/nyfamct/" rel="self"/><id>https://www.courtlistener.com/</id><updated>2024-09-30T00:00:00-07:00</updated><author><name>Free Law Project</name><email>feeds@courtlistener.com</email></author><rights>Created for the public domain by Free Law Project</rights><entry><title>Matter of JB (LI)</title><link href="https://www.courtlistener.com/opinion/10128976/matter-of-jb-li/" rel="alternate"/><published>2024-09-30T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/10128976/matter-of-jb-li/</id><summary type="html"> Matter of JB (LI) (2024 NY Slip Op 51357(U)) [*1] Matter of JB (LI) 2024 NY Slip Op 51357(U) Decided on September 30, 2024 Family Court, Wyoming County Kibler, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on September 30, 2024 Family Court, Wyoming County In re Family Offense Petitions Filed Against JB by LI, TT, and KB Docket No. O-0048-00150-24 The petitioners were represented by Brian P. Degnan, Esq. The respondent was represented by Valerie G. Gardner, Esq. Keith D. Kibler, J. BackgroundOn March 12, 2024, three residents of the Aberth House filed separate family offense petitions against another common resident. The Aberth House is a residential group home for people with intellectual and developmental disabilities. The petitions generally alleged that the respondent broke and threw personal property, houseware, and appliances and attacked, yelled, and acted aggressively towards staff. The parties were represented by counsel throughout the proceedings. The petitioners were represented by Brian P. Degnan, Esq. The respondent was represented by Valerie G. Gardner, Esq. and appeared through her permanent guardian, the Commissioner of the Erie County Department of Social Services.[FN1] On March 19, 2024, the respondent filed a motion to dismiss, arguing the petitions failed to state a cause of action. Specifically, the respondents argued that the petitions were insufficient because the petitioners merely checked the box on the official court forms alleging that they &quot;live together.&quot; The Court denied the motion based upon the case of Kristina L. v. Elizabeth M., 156 AD3d 1162 (3d Dept. 2017). In Kristina L., the petitioner also utilized an official court form and checked the box that the parties &quot;lived together in the past.&quot; Id. at 1163. Since the Third Department found this was sufficient to confer jurisdiction, the Court in this case also found that the petitions would survive the motion to dismiss. Consequently, the Court denied the respondent&#x27;s motion to dismiss, pursuant to its Order on Motion dated April 15, 2024. The nature of the relationship between each petitioner and the respondent was discussed during other court appearances. It is undisputed that each petitioner and the respondent are and [*2]were never related by consanguinity or affinity. They never had a child together or engaged in sexual relations. They simply live together. Given the primacy of this issue, the Court conducted a hearing on whether it had subject matter jurisdiction on September 23, 2024. See Woldeselassie v. Colon, 227 AD3d 725 (2d Dept. 2024); Minor v. Birkenmeyer, 200 AD3d 1044 (2d Dept. 2021). Prior to conducting the hearing on whether the Court had subject matter jurisdiction, under Section 812(1) of the Family Court Act, the Court inquired as to the potential bases for it. Counsel for the parties acknowledged that the only potential basis for the Court to have subject matter jurisdiction was if the parties were &quot;members of the same family or household&quot; and had or … <a href="/opinion/10128976/matter-of-jb-li/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/09/30/matter_of_jb_li.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>Matter of JB (LI)</title><link href="https://www.courtlistener.com/opinion/10129080/matter-of-jb-li/" rel="alternate"/><published>2024-09-30T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/10129080/matter-of-jb-li/</id><summary type="html"> Matter of JB (LI) (2024 NY Slip Op 51357(U)) [*1] Matter of JB (LI) 2024 NY Slip Op 51357(U) Decided on September 30, 2024 Family Court, Wyoming County Kibler, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on September 30, 2024 Family Court, Wyoming County In re Family Offense Petitions Filed Against JB by LI, TT, and KB Docket No. O-0048-00150-24 The petitioners were represented by Brian P. Degnan, Esq.The respondent was represented by Valerie G. Gardner, Esq. Keith D. Kibler, J. BackgroundOn March 12, 2024, three residents of the Aberth House filed separate family offense petitions against another common resident. The Aberth House is a residential group home for people with intellectual and developmental disabilities. The petitions generally alleged that the respondent broke and threw personal property, houseware, and appliances and attacked, yelled, and acted aggressively towards staff. The parties were represented by counsel throughout the proceedings. The petitioners were represented by Brian P. Degnan, Esq. The respondent was represented by Valerie G. Gardner, Esq. and appeared through her permanent guardian, the Commissioner of the Erie County Department of Social Services.[FN1] On March 19, 2024, the respondent filed a motion to dismiss, arguing the petitions failed to state a cause of action. Specifically, the respondents argued that the petitions were insufficient because the petitioners merely checked the box on the official court forms alleging that they &quot;live together.&quot; The Court denied the motion based upon the case of Kristina L. v. Elizabeth M., 156 AD3d 1162 (3d Dept. 2017). In Kristina L., the petitioner also utilized an official court form and checked the box that the parties &quot;lived together in the past.&quot; Id. at 1163. Since the Third Department found this was sufficient to confer jurisdiction, the Court in this case also found that the petitions would survive the motion to dismiss. Consequently, the Court denied the respondent&#x27;s motion to dismiss, pursuant to its Order on Motion dated April 15, 2024. The nature of the relationship between each petitioner and the respondent was discussed during other court appearances. It is undisputed that each petitioner and the respondent are and [*2]were never related by consanguinity or affinity. They never had a child together or engaged in sexual relations. They simply live together. Given the primacy of this issue, the Court conducted a hearing on whether it had subject matter jurisdiction on September 23, 2024. See Woldeselassie v. Colon, 227 AD3d 725 (2d Dept. 2024); Minor v. Birkenmeyer, 200 AD3d 1044 (2d Dept. 2021). Prior to conducting the hearing on whether the Court had subject matter jurisdiction, under Section 812(1) of the Family Court Act, the Court inquired as to the potential bases for it. Counsel for the parties acknowledged that the only potential basis for the Court to have subject matter jurisdiction was if the parties were &quot;members of the same family or household&quot; and had or were … <a href="/opinion/10129080/matter-of-jb-li/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/09/30/matter_of_jb_li_1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>Matter of JB (LI)</title><link href="https://www.courtlistener.com/opinion/10160983/matter-of-jb-li/" rel="alternate"/><published>2024-09-30T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/10160983/matter-of-jb-li/</id><summary type="html"> Matter of JB (LI) (2024 NY Slip Op 51357(U)) [*1] Matter of JB (LI) 2024 NY Slip Op 51357(U) [84 Misc 3d 1204(A)] Decided on September 30, 2024 Family Court, Wyoming County Kibler, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on September 30, 2024 Family Court, Wyoming County In re Family Offense Petitions Filed Against JB by LI, TT, and KB Docket No. O-0048-00150-24 The petitioners were represented by Brian P. Degnan, Esq.The respondent was represented by Valerie G. Gardner, Esq. Keith D. Kibler, J. BackgroundOn March 12, 2024, three residents of the Aberth House filed separate family offense petitions against another common resident. The Aberth House is a residential group home for people with intellectual and developmental disabilities. The petitions generally alleged that the respondent broke and threw personal property, houseware, and appliances and attacked, yelled, and acted aggressively towards staff. The parties were represented by counsel throughout the proceedings. The petitioners were represented by Brian P. Degnan, Esq. The respondent was represented by Valerie G. Gardner, Esq. and appeared through her permanent guardian, the Commissioner of the Erie County Department of Social Services.[FN1] On March 19, 2024, the respondent filed a motion to dismiss, arguing the petitions failed to state a cause of action. Specifically, the respondents argued that the petitions were insufficient because the petitioners merely checked the box on the official court forms alleging that they &quot;live together.&quot; The Court denied the motion based upon the case of Kristina L. v. Elizabeth M., 156 AD3d 1162 (3d Dept. 2017). In Kristina L., the petitioner also utilized an official court form and checked the box that the parties &quot;lived together in the past.&quot; Id. at 1163. Since the Third Department found this was sufficient to confer jurisdiction, the Court in this case also found that the petitions would survive the motion to dismiss. Consequently, the Court denied the respondent&#x27;s motion to dismiss, pursuant to its Order on Motion dated April 15, 2024. The nature of the relationship between each petitioner and the respondent was discussed during other court appearances. It is undisputed that each petitioner and the respondent are and [*2]were never related by consanguinity or affinity. They never had a child together or engaged in sexual relations. They simply live together. Given the primacy of this issue, the Court conducted a hearing on whether it had subject matter jurisdiction on September 23, 2024. See Woldeselassie v. Colon, 227 AD3d 725 (2d Dept. 2024); Minor v. Birkenmeyer, 200 AD3d 1044 (2d Dept. 2021). Prior to conducting the hearing on whether the Court had subject matter jurisdiction, under Section 812(1) of the Family Court Act, the Court inquired as to the potential bases for it. Counsel for the parties acknowledged that the only potential basis for the Court to have subject matter jurisdiction was if the parties were &quot;members of the same family or household&quot; … <a href="/opinion/10160983/matter-of-jb-li/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/09/30/matter_of_jb_li_2.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. B.H.</title><link href="https://www.courtlistener.com/opinion/10113262/people-v-bh/" rel="alternate"/><published>2024-09-05T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/10113262/people-v-bh/</id><summary type="html"> People v B.H. (2024 NY Slip Op 51224(U)) [*1] People v B.H. 2024 NY Slip Op 51224(U) Decided on September 5, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on September 5, 2024 Youth Part, Erie County The People of the State of New York againstB.H. AO. Docket No. FYC-72370-24 Nicholas Marino, Esq., (Assistant District Attorney) Seth Seegert, Esq. (for Principal B.H.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Nicholas Marino, Esq. (Assistant District Attorney), dated August 11, 2024; the responsive papers filed by Seth Seegert, Esq., dated August 26, 2024, on behalf of AO B.H.; oral argument and a hearing on the motion having been waived in writing by the Assistant District Attorney; and due deliberation having been had, the Court finds the following: Procedural HistoryAO B.H. is charged under FYC-72370-24 with one count of Robbery in the Second Degree, in violation of Penal Law § 160.10(1); Conspiracy in the Fourth Degree, in violation of Penal Law § 105.10, and misdemeanor counts for Assault in the Third Degree, in violation of Penal Law § 120.00(1), and Petit Larceny, in violation of Penal Law § 155.25. Accessible Magistrate Gerald Gorman arraigned AO B.H. on July 22, 2024 and remanded her with bail, $5,000.00 A, B, or E at 10%. Later that same day, AO B.H. was arraigned in Youth Part and this Court modified bail to the amount of $10,000 cash, $10,000 insurance company bail bond, 10% of $25,000 partially secured surety bond. The Six-Day Reading was held on July 25, 2024. The People conceded the six-day reading and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. A decision on the Extraordinary Circumstances Motion was scheduled on September 5, 2024. AO B.H. was released under CPL §180.80, as the People were unable to run the felony hearing. AO B.H. voluntarily accepted probation services as a condition of her release. Findings of Fact It is alleged that AO B.H. participated in a robbery at a Motel 6 on July 20, 2024. The Victim met AO B.H. earlier that night in the parking lot of a bar/restaurant and they exchanged phone numbers. AO B.H. later invited the Victim to the Motel 6. When the Victim arrived and entered the motel room, AO B.H. and another female were already inside. The Victim felt unsettled and decided to sit in his car. A short time later, the Victim re-entered the … <a href="/opinion/10113262/people-v-bh/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/09/05/people_v._b.h..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. B.H</title><link href="https://www.courtlistener.com/opinion/10112595/people-v-bh/" rel="alternate"/><published>2024-09-05T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/10112595/people-v-bh/</id><summary type="html"> People v B.H (2024 NY Slip Op 51224(U)) [*1] People v B.H 2024 NY Slip Op 51224(U) Decided on September 5, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on September 5, 2024 Youth Part, Erie County The People of the State of New York againstB.H. AO. Docket No. FYC-72370-24 Nicholas Marino, Esq., (Assistant District Attorney) Seth Seegert, Esq. (for Principal B.H.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Nicholas Marino, Esq. (Assistant District Attorney), dated August 11, 2024; the responsive papers filed by Seth Seegert, Esq., dated August 26, 2024, on behalf of AO B.H.; oral argument and a hearing on the motion having been waived in writing by the Assistant District Attorney; and due deliberation having been had, the Court finds the following:Procedural HistoryAO B.H. is charged under FYC-72370-24 with one count of Robbery in the Second Degree, in violation of Penal Law § 160.10(1); Conspiracy in the Fourth Degree, in violation of Penal Law § 105.10, and misdemeanor counts for Assault in the Third Degree, in violation of Penal Law § 120.00(1), and Petit Larceny, in violation of Penal Law § 155.25. Accessible Magistrate Gerald Gorman arraigned AO B.H. on July 22, 2024 and remanded her with bail, $5,000.00 A, B, or E at 10%. Later that same day, AO B.H. was arraigned in Youth Part and this Court modified bail to the amount of $10,000 cash, $10,000 insurance company bail bond, 10% of $25,000 partially secured surety bond. The Six-Day Reading was held on July 25, 2024. The People conceded the six-day reading and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. A decision on the Extraordinary Circumstances Motion was scheduled on September 5, 2024. AO B.H. was released under CPL §180.80, as the People were unable to run the felony hearing. AO B.H. voluntarily accepted probation services as a condition of her release. Findings of Fact It is alleged that AO B.H. participated in a robbery at a Motel 6 on July 20, 2024. The Victim met AO B.H. earlier that night in the parking lot of a bar/restaurant and they exchanged phone numbers. AO B.H. later invited the Victim to the Motel 6. When the Victim arrived and entered the motel room, AO B.H. and another female were already inside. The Victim felt unsettled and decided to sit in his car. A short time later, the Victim re-entered the motel … <a href="/opinion/10112595/people-v-bh/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/09/05/people_v._b.h.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. M.M.</title><link href="https://www.courtlistener.com/opinion/9832326/people-v-mm/" rel="alternate"/><published>2024-06-25T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9832326/people-v-mm/</id><summary type="html"> People v M.M. (2024 NY Slip Op 50776(U)) [*1] People v M.M. 2024 NY Slip Op 50776(U) Decided on June 25, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on June 25, 2024 Youth Part, Erie County The People of the State of New York againstM.M., AO. Docket No. FYC-70244-24/001 Denise Herman, Esq., (Assistant District Attorney) Giovanni Genovese, Esq. (for Principal M.M.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated June 6, 2024; responsive papers on behalf of AO M.M. by Giovanni Genovese, Esq. having been received on June 11, 2024; oral argument and a hearing on the motion having been waived in writing by the ADA; and due deliberation having been had, the Court finds the following:Procedural HistoryAO M.M. is charged under FYC-70244-24/001 with one count of Criminal Possession of Stolen Property in the Third Degree, in violation of Penal Law § 165.50. AO M.M. is charged under FYC-71259-24/001 with one count of Criminal Possession of Stolen Property in the Second Degree, [*2]in violation of Penal Law § 165.52, and two counts of Criminal Possession of Stolen Property in the Fifth Degree, in violation of Penal Law § 165.40. Additionally, AO M.M. is charged under FYC-71263-24/001 with multiple Vehicle and Traffic Law infractions. AO M.M. was scheduled to appear on FYC-70244-24/001 on January 30, 2024 for an arraignment. However, he did not appear and a warrant was signed and issued on February 2, 2024. On April 19, 2024, AO M.M. was arrested on the new charges under FYC-71259-24 and FYC-71263-24, and his arraignment was held that same day in Youth Part. This Court released AO M.M. under RUS supervision. On April 22, 2024, the Department of Probation issued a Notice of Failure to Comply with Release Under Supervision (RUS). The Department of Probation alleged in their notice that AO M.M. gave their department misleading information on where he resided and additionally refused to keep Probation informed of his location. A.O. failed to appear for at the 6 day reading on April 26, 2024. After a hearing, this Court found defendant to be willful and persistent, and issued a warrant for AO M.M. On May 6, 2024, AO M.M. appeared in Court after he was picked up on his warrant in Niagara County. The People conceded the reading and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. An extraordinary circumstances … <a href="/opinion/9832326/people-v-mm/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/06/25/people_v._m.m..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. M.M.</title><link href="https://www.courtlistener.com/opinion/9834795/people-v-mm/" rel="alternate"/><published>2024-06-25T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9834795/people-v-mm/</id><summary type="html"> People v M.M. (2024 NY Slip Op 50776(U)) [*1] People v M.M. 2024 NY Slip Op 50776(U) Decided on June 25, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on June 25, 2024 Youth Part, Erie County The People of the State of New York againstM.M., AO. Docket No. FYC-70244-24/001 Denise Herman, Esq., (Assistant District Attorney) Giovanni Genovese, Esq. (for Principal M.M.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated June 6, 2024; responsive papers on behalf of AO M.M. by Giovanni Genovese, Esq. having been received on June 11, 2024; oral argument and a hearing on the motion having been waived in writing by the ADA; and due deliberation having been had, the Court finds the following: Procedural HistoryAO M.M. is charged under FYC-70244-24/001 with one count of Criminal Possession of Stolen Property in the Third Degree, in violation of Penal Law § 165.50. AO M.M. is charged under FYC-71259-24/001 with one count of Criminal Possession of Stolen Property in the Second Degree, [*2]in violation of Penal Law § 165.52, and two counts of Criminal Possession of Stolen Property in the Fifth Degree, in violation of Penal Law § 165.40. Additionally, AO M.M. is charged under FYC-71263-24/001 with multiple Vehicle and Traffic Law infractions. AO M.M. was scheduled to appear on FYC-70244-24/001 on January 30, 2024 for an arraignment. However, he did not appear and a warrant was signed and issued on February 2, 2024. On April 19, 2024, AO M.M. was arrested on the new charges under FYC-71259-24 and FYC-71263-24, and his arraignment was held that same day in Youth Part. This Court released AO M.M. under RUS supervision. On April 22, 2024, the Department of Probation issued a Notice of Failure to Comply with Release Under Supervision (RUS). The Department of Probation alleged in their notice that AO M.M. gave their department misleading information on where he resided and additionally refused to keep Probation informed of his location. A.O. failed to appear for at the 6 day reading on April 26, 2024. After a hearing, this Court found defendant to be willful and persistent, and issued a warrant for AO M.M. On May 6, 2024, AO M.M. appeared in Court after he was picked up on his warrant in Niagara County. The People conceded the reading and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. An extraordinary … <a href="/opinion/9834795/people-v-mm/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/06/25/people_v._m.m._1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.J.</title><link href="https://www.courtlistener.com/opinion/9530859/people-v-jj/" rel="alternate"/><published>2024-06-07T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9530859/people-v-jj/</id><summary type="html"> People v J.J. (2024 NY Slip Op 50687(U)) [*1] People v J.J. 2024 NY Slip Op 50687(U) Decided on June 7, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on June 7, 2024 Youth Part, Erie County The People of the State of New York againstJ.J. AO. Docket No. FYC-71344-24/001 Denise Herman, Esq., (Assistant District Attorney) Seth Seegert, Esq., (for the Principal AO J.J.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated May 24, 2024; responsive papers by Seth Seegert, Esq. on behalf of AO J.J., dated May 31, 2024; a Supplemental Notice of Motion by Denise Herman, Esq., dated June 3, 2024; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO J.J. is charged under FYC-71344-24 with one count of Criminal Possession of Stolen Property in the Third Degree in violation of Penal Law § 165.50 &amp; 20.00, a class D felony, and Unauthorized Use of a Motor Vehicle in the Third Degree in violation of Penal Law § 165.05(01) &amp; 20.00, a class A misdemeanor. Accessible Magistrate Diane Y. Wray arraigned AO J.J. on April 26, 2024 and released him on his own recognizance. On April 29, 2024, this Court arraigned AO J.J. and released him under probation supervision. On May 1, 2024, this Court held the six-day reading. The People conceded the reading. This Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. The Court scheduled a decision on the motion on June 7, 2024. On May 13, 2024, Probation submitted a Notice of Failure to Comply with the Release Under Supervision Program. The Notice stated that on May 9, 2024, AO J.J. was rearrested and charged with Criminal Possession of a Firearm following a raid on his home where a loaded firearm was found. The Notice also stated that AO J.J. had repeatedly violated his Court ordered curfew. This Court continued AO J.J.&#x27;s release under supervision and adjourned the case to June [*2]7, 2024, as previously scheduled. On May 9, 2024, AO J.J. was formally charged under FYC-71491-24 with one count of Criminal Possession of a Firearm in violation of Penal Law § 265.01-B(01), a class E felony. This Court arraigned AO J.J. and remanded him without bail. On May 13, 2024, this Court held the six-day reading and a felony hearing. The … <a href="/opinion/9530859/people-v-jj/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/06/07/people_v._j.j._1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.J.</title><link href="https://www.courtlistener.com/opinion/9530228/people-v-jj/" rel="alternate"/><published>2024-06-07T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9530228/people-v-jj/</id><summary type="html"> People v J.J. (2024 NY Slip Op 50687(U)) [*1] People v J.J. 2024 NY Slip Op 50687(U) Decided on June 7, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on June 7, 2024 Youth Part, Erie County The People of the State of New York againstJ.J. AO. Docket No. FYC-71344-24/001 Denise Herman, Esq., (Assistant District Attorney) Seth Seegert, Esq., (for the Principal AO J.J.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated May 24, 2024; responsive papers by Seth Seegert, Esq. on behalf of AO J.J., dated May 31, 2024; a Supplemental Notice of Motion by Denise Herman, Esq., dated June 3, 2024; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following:Procedural HistoryAO J.J. is charged under FYC-71344-24 with one count of Criminal Possession of Stolen Property in the Third Degree in violation of Penal Law § 165.50 &amp; 20.00, a class D felony, and Unauthorized Use of a Motor Vehicle in the Third Degree in violation of Penal Law § 165.05(01) &amp; 20.00, a class A misdemeanor. Accessible Magistrate Diane Y. Wray arraigned AO J.J. on April 26, 2024 and released him on his own recognizance. On April 29, 2024, this Court arraigned AO J.J. and released him under probation supervision. On May 1, 2024, this Court held the six-day reading. The People conceded the reading. This Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. The Court scheduled a decision on the motion on June 7, 2024. On May 13, 2024, Probation submitted a Notice of Failure to Comply with the Release Under Supervision Program. The Notice stated that on May 9, 2024, AO J.J. was rearrested and charged with Criminal Possession of a Firearm following a raid on his home where a loaded firearm was found. The Notice also stated that AO J.J. had repeatedly violated his Court ordered curfew. This Court continued AO J.J.&#x27;s release under supervision and adjourned the case to June [*2]7, 2024, as previously scheduled. On May 9, 2024, AO J.J. was formally charged under FYC-71491-24 with one count of Criminal Possession of a Firearm in violation of Penal Law § 265.01-B(01), a class E felony. This Court arraigned AO J.J. and remanded him without bail. On May 13, 2024, this Court held the six-day reading and a felony hearing. The People … <a href="/opinion/9530228/people-v-jj/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/06/07/people_v._j.j..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.B.</title><link href="https://www.courtlistener.com/opinion/9500195/people-v-jb/" rel="alternate"/><published>2024-05-03T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9500195/people-v-jb/</id><summary type="html"> People v J.B. (2024 NY Slip Op 50529(U)) [*1] People v J.B. 2024 NY Slip Op 50529(U) Decided on May 3, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on May 3, 2024 Youth Part, Erie County The People of the State of New York againstJ.B., AO. Docket No. FYC-70887-24/001 James Harrington, Esq., (Assistant District Attorney) Daniel Schaus, Esq., (for the Principal AO J.B.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of James Harrington, Esq. (Assistant District Attorney), dated April 15, 2024; responsive papers on behalf of AO J.B. by Daniel Schaus, Esq. having been received on April 26, 2024; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following:Procedural HistoryAO J.B. is charged under FYC-70887-24 with one count of Criminal Possession of Stolen Property in the Third Degree, in violation of Penal Law § 165.50, one count of Criminal Mischief in the third degree, in violation of Penal Law § 145.05(2), one count of Criminal Mischief in the Second Degree, in violation of Penal Law § 145.10, and one count of Unauthorized Use of a Vehicle, Third Degree, in violation of Penal Law § 165.05(1). Additionally, AO J.B. is charged under FYC-70921-24 with multiple Vehicle and Traffic Law infractions. On March 21, 2024, this Court arraigned AO J.B. and released him on his own recognizance. The six-day reading was held on March 27, 2024. The People conceded the reading. This [*2]Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. An extraordinary circumstances decision on motion was scheduled for May 3, 2024. Findings of Fact It is alleged that on March 12, 2024, at around 11:00 AM, Complainant reported that her 2021 Blue Kia Sportage was taken from her driveway overnight. At approximately 3:30 that afternoon, a police officer was parked in a parking lot of a pharmacy and dental office. He saw a blue Kia Sportage pull into the parking lot. The vehicle was occupied by at least four unknown people. He saw the vehicle travel west towards the far end of the parking lot, make a loop around the parking lot, travel east along the building, then park between a black Chevy Trailblazer and a white Hyundai Tucson. The Officer saw an unknown juvenile male attempting to gain entry to the Chevy Trailblazer. Another unknown male attempted to gain entry to the Hyundai Tucson, causing … <a href="/opinion/9500195/people-v-jb/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/05/03/people_v._j.b..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.B.</title><link href="https://www.courtlistener.com/opinion/9500230/people-v-jb/" rel="alternate"/><published>2024-05-03T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9500230/people-v-jb/</id><summary type="html"> People v J.B. (2024 NY Slip Op 50529(U)) [*1] People v J.B. 2024 NY Slip Op 50529(U) Decided on May 3, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on May 3, 2024 Youth Part, Erie County The People of the State of New York againstJ.B., AO. Docket No. FYC-70887-24/001 James Harrington, Esq., (Assistant District Attorney)Daniel Schaus, Esq., (for the Principal AO J.B.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of James Harrington, Esq. (Assistant District Attorney), dated April 15, 2024; responsive papers on behalf of AO J.B. by Daniel Schaus, Esq. having been received on April 26, 2024; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO J.B. is charged under FYC-70887-24 with one count of Criminal Possession of Stolen Property in the Third Degree, in violation of Penal Law § 165.50, one count of Criminal Mischief in the third degree, in violation of Penal Law § 145.05(2), one count of Criminal Mischief in the Second Degree, in violation of Penal Law § 145.10, and one count of Unauthorized Use of a Vehicle, Third Degree, in violation of Penal Law § 165.05(1). Additionally, AO J.B. is charged under FYC-70921-24 with multiple Vehicle and Traffic Law infractions. On March 21, 2024, this Court arraigned AO J.B. and released him on his own recognizance. The six-day reading was held on March 27, 2024. The People conceded the reading. This [*2]Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL § 722.23(1) requesting that this matter not be removed to Family Court. An extraordinary circumstances decision on motion was scheduled for May 3, 2024. Findings of Fact It is alleged that on March 12, 2024, at around 11:00 AM, Complainant reported that her 2021 Blue Kia Sportage was taken from her driveway overnight. At approximately 3:30 that afternoon, a police officer was parked in a parking lot of a pharmacy and dental office. He saw a blue Kia Sportage pull into the parking lot. The vehicle was occupied by at least four unknown people. He saw the vehicle travel west towards the far end of the parking lot, make a loop around the parking lot, travel east along the building, then park between a black Chevy Trailblazer and a white Hyundai Tucson. The Officer saw an unknown juvenile male attempting to gain entry to the Chevy Trailblazer. Another unknown male attempted to gain entry to the Hyundai Tucson, causing … <a href="/opinion/9500230/people-v-jb/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/05/03/people_v._j.b._1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. K.K.</title><link href="https://www.courtlistener.com/opinion/9489742/people-v-kk/" rel="alternate"/><published>2024-03-21T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9489742/people-v-kk/</id><summary type="html"> People v K.K. (2024 NY Slip Op 50333(U)) [*1] People v K.K. 2024 NY Slip Op 50333(U) Decided on March 21, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on March 21, 2024 Youth Part, Erie County The People of the State of New York againstK.K., AO. Docket No. FYC-70421-24/001 Denise Herman, Esq., (Assistant District Attorney) Connor Dougherty, Esq., (for the Principal AO K.K.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated March 11, 2024; responsive papers having been filed on March 18, 2024 by Connor C. Dougherty, Esq., on behalf of AO K.K.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO K.K. is charged under FYC-70421-24 with one count of Criminal Possession of a Weapon in the Second Degree, in violation of Penal Law § 265.03(3), a class C felony and one count of Obstructing Governmental Administration in the Second Degree, in violation of Penal Law § 195.05, a misdemeanor. On February 12, 2024, Accessible Magistrate Carney arraigned AO K.K. and released him to his Mother&#x27;s custody. On February 13, 2024, AO K.K. appeared for an arraignment in Youth Part, entering a plea of not guilty. The People conceded the six-day reading. This Court found that these charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting that this matter not be removed to Family Court. The decision date of the extraordinary circumstances motion was scheduled for March 25, 2024. AO K.K. was released under probation supervision, with a curfew, an ankle monitor at Probation&#x27;s discretion, and various other conditions. Findings of Fact It is alleged that on February 11, 2024 at approximately 9:00PM, Police officers responded to two gun calls—one a shots fired call and the other a fight with guns call—in two adjacent areas. One Officer observed AO K.K. walk in front of his patrol vehicle, reach into his pocket, and grab an object. The Officer and his partner called out to the AO and asked him about shots being fired, and AO K.K. took off running. The Officer saw a dark colored object in AO K.K.&#x27;s hand that looked like a handgun as he was running; he then observed AO K.K. run into a house. The Officer went to the house, announced his presence as a police officer, and asked the occupants to open the door. AO K.K. came outside wearing some of the … <a href="/opinion/9489742/people-v-kk/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/03/21/people_v._k.k..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. K.K.</title><link href="https://www.courtlistener.com/opinion/9496956/people-v-kk/" rel="alternate"/><published>2024-03-21T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9496956/people-v-kk/</id><summary type="html"> People v K.K. (2024 NY Slip Op 50333(U)) [*1] People v K.K. 2024 NY Slip Op 50333(U) [82 Misc 3d 1218(A)] Decided on March 21, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on March 21, 2024 Youth Part, Erie County The People of the State of New York againstK.K., AO. Docket No. FYC-70421-24/001 Denise Herman, Esq., (Assistant District Attorney) Connor Dougherty, Esq., (for the Principal AO K.K.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated March 11, 2024; responsive papers having been filed on March 18, 2024 by Connor C. Dougherty, Esq., on behalf of AO K.K.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO K.K. is charged under FYC-70421-24 with one count of Criminal Possession of a Weapon in the Second Degree, in violation of Penal Law § 265.03(3), a class C felony and one count of Obstructing Governmental Administration in the Second Degree, in violation of Penal Law § 195.05, a misdemeanor. On February 12, 2024, Accessible Magistrate Carney arraigned AO K.K. and released him to his Mother&#x27;s custody. On February 13, 2024, AO K.K. appeared for an arraignment in Youth Part, entering a plea of not guilty. The People conceded the six-day reading. This Court found that these charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting that this matter not be removed to Family Court. The decision date of the extraordinary circumstances motion was scheduled for March 25, 2024. AO K.K. was released under probation supervision, with a curfew, an ankle monitor at Probation&#x27;s discretion, and various other conditions. Findings of Fact It is alleged that on February 11, 2024 at approximately 9:00PM, Police officers responded to two gun calls—one a shots fired call and the other a fight with guns call—in two adjacent areas. One Officer observed AO K.K. walk in front of his patrol vehicle, reach into his pocket, and grab an object. The Officer and his partner called out to the AO and asked him about shots being fired, and AO K.K. took off running. The Officer saw a dark colored object in AO K.K.&#x27;s hand that looked like a handgun as he was running; he then observed AO K.K. run into a house. The Officer went to the house, announced his presence as a police officer, and asked the occupants to open the door. AO K.K. came outside … <a href="/opinion/9496956/people-v-kk/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/03/21/people_v._k.k._1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.M.</title><link href="https://www.courtlistener.com/opinion/9496958/people-v-jm/" rel="alternate"/><published>2024-03-14T00:00:00-07:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9496958/people-v-jm/</id><summary type="html"> People v J.M. (2024 NY Slip Op 50336(U)) [*1] People v J.M. 2024 NY Slip Op 50336(U) [82 Misc 3d 1218(A)] Decided on March 14, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on March 14, 2024 Youth Part, Erie County The People of the State of New York againstJ.M., AO. Docket No. FYC-70014-24/001 Denise Herman, Esq., (Assistant District Attorney) Connor Dougherty, Esq., (for the Principal AO J.M.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise Herman, Esq. (Assistant District Attorney), dated February 29, 2024; responsive papers having been filed on March 8, 2024 by Connor C. Dougherty, Esq., on behalf of AO J.M.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO J.M. is charged under FYC-70014-24 with one count of Criminal Possession of Stolen Property in the Fourth Degree, in violation of Penal Law § 165.45, a class E felony. On January 29, 2024, AO J.M. appeared for an arraignment in the Youth Part, entering a plea of not guilty. The People conceded the six-day reading. This Court found that these charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting this matter not be removed to Family Court. The attorneys consented to various time waivers on the record, and the decision date of the extraordinary circumstances motion was scheduled for March 15, 2024. AO J.M. was released on her own recognizance, having voluntarily accepted probation services. Findings of Fact It is alleged that on January 2, 2024, there was a 911 call for an alleged robbery at 650 Tonawanda Street, Buffalo. Upon investigation, there were multiple suspects involved in said robbery; one group of suspects was driving a Red 2014 Ford Escape that was reported stolen in [*2]January, 2024. After the alleged robbery occurred, AO J.M. got into the Red Ford Escape with the perpetrators of said robbery. Officers observed the Red Escape driving erratically at a high speed. Upon attempting to pull the vehicle over, the Officers observed the Red Ford Escape driving at approximately sixty (60) miles per hour, going through stop signs, and driving through red lights. The Red Ford Escape subsequently crashed into a tree, and some of the occupants of the car ran from the vehicle and away from Police. AO J.M. exited the vehicle and was immediately taken into custody. Conclusions of Law Pursuant to CPL § 722.23(1)(a), the Court shall order removal of the action … <a href="/opinion/9496958/people-v-jm/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/03/14/people_v._j.m..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.G.</title><link href="https://www.courtlistener.com/opinion/9471801/people-v-jg/" rel="alternate"/><published>2024-02-01T00:00:00-08:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9471801/people-v-jg/</id><summary type="html"> People v J.G. (2024 NY Slip Op 50103(U)) [*1] People v J.G. 2024 NY Slip Op 50103(U) Decided on February 1, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on February 1, 2024 Youth Part, Erie County The People of the State of New York, againstJ.G., AO. Docket No. FYC-73765-23/001 James L. Harrington, Esq., (Assistant District Attorney) Giovanni Genovese, Esq., (for AO J.G.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of James L. Harrington, Esq. (Assistant District Attorney), dated January 16, 2024; responsive papers dated January 26, 2024 by Giovanni Genovese, Esq., on behalf of AO J.G.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO J.G. is charged under FYC-73765-23 with one count of Attempted Assault in the Second Degree, PL § 120.05, §110 a class E felony; one count of Menacing in the Second Degree, PL § 120.14(1), a class A misdemeanor; and one count of Criminal Possession of a Weapon, PL § 265.01(2), a class A misdemeanor. On December 22, 2023, AO J.G. appeared for an arraignment in Youth Part and entered a plea of not guilty. The People conceded the six-day reading, and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting this matter not be removed to Family Court. AO J.G. was released, having voluntarily accepted probation services. The decision date of the extraordinary circumstances motion was scheduled for February 2, 2024. Findings of Fact It is alleged that on November 20, 2023 at approximately 12:20 PM, at Edge Academy in the Town of Cheektowaga, AO J.G. and another youth engaged in mutual hand to hand combat, where AO J.G. was placed in a chokehold, punched multiple times in the back of the head, and punched in the face by this youth. They were subsequently separated, and after approximately fifteen seconds AO J.G. attempted to stab the youth (hereinafter &quot;Victim&quot;) in the abdomen with a six-inch folding knife with a three-inch blade. The knife did not contact the Victim, and the Victim was uninjured. The school resource officer, PO Nazzarett, entered the classroom and observed the Victim immediately after the incident. Additionally, PO Nazzarett observed AO J.G. with a knife in his right hand. PO Nazzarett attempted to recover the knife from this AO, at which point there was commotion, and another student took possession of said knife. The knife was eventually turned over to … <a href="/opinion/9471801/people-v-jg/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/02/01/people_v._j.g..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.G.</title><link href="https://www.courtlistener.com/opinion/9479812/people-v-jg/" rel="alternate"/><published>2024-02-01T00:00:00-08:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9479812/people-v-jg/</id><summary type="html"> People v J.G. (2024 NY Slip Op 50103(U)) [*1] People v J.G. 2024 NY Slip Op 50103(U) [81 Misc 3d 1239(A)] Decided on February 1, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on February 1, 2024 Youth Part, Erie County The People of the State of New York, againstJ.G., AO. Docket No. FYC-73765-23/001 James L. Harrington, Esq., (Assistant District Attorney) Giovanni Genovese, Esq., (for AO J.G.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of James L. Harrington, Esq. (Assistant District Attorney), dated January 16, 2024; responsive papers dated January 26, 2024 by Giovanni Genovese, Esq., on behalf of AO J.G.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO J.G. is charged under FYC-73765-23 with one count of Attempted Assault in the Second Degree, PL § 120.05, §110 a class E felony; one count of Menacing in the Second Degree, PL § 120.14(1), a class A misdemeanor; and one count of Criminal Possession of a Weapon, PL § 265.01(2), a class A misdemeanor. On December 22, 2023, AO J.G. appeared for an arraignment in Youth Part and entered a plea of not guilty. The People conceded the six-day reading, and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting this matter not be removed to Family Court. AO J.G. was released, having voluntarily accepted probation services. The decision date of the extraordinary circumstances motion was scheduled for February 2, 2024. Findings of Fact It is alleged that on November 20, 2023 at approximately 12:20 PM, at Edge Academy in the Town of Cheektowaga, AO J.G. and another youth engaged in mutual hand to hand combat, where AO J.G. was placed in a chokehold, punched multiple times in the back of the head, and punched in the face by this youth. They were subsequently separated, and after approximately fifteen seconds AO J.G. attempted to stab the youth (hereinafter &quot;Victim&quot;) in the abdomen with a six-inch folding knife with a three-inch blade. The knife did not contact the Victim, and the Victim was uninjured. The school resource officer, PO Nazzarett, entered the classroom and observed the Victim immediately after the incident. Additionally, PO Nazzarett observed AO J.G. with a knife in his right hand. PO Nazzarett attempted to recover the knife from this AO, at which point there was commotion, and another student took possession of said knife. The knife was … <a href="/opinion/9479812/people-v-jg/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/02/01/people_v._j.g._1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. E.M.</title><link href="https://www.courtlistener.com/opinion/9471178/people-v-em/" rel="alternate"/><published>2024-01-30T00:00:00-08:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9471178/people-v-em/</id><summary type="html"> People v E.M. (2024 NY Slip Op 50097(U)) [*1] People v E.M. 2024 NY Slip Op 50097(U) Decided on January 30, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on January 30, 2024 Youth Part, Erie County The People of the State of New York againstE.M., D.C. AOs. Docket No. FYC-74001-23/001 Denise Herman, Esq., (Assistant District Attorney)Giovanni Genovese, Esq., (for the Principal AO D.C.) and Crystal M. Repka, Esq. (for the Principal AO E.M.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise A. Herman, Esq. (Assistant District Attorney), dated January 19, 2024; the Reply Affirmation in Opposition of Crystal M. Repka, Esq., dated January 24, 2024, on behalf of AO E.M.; the Affirmation of Giovanni Genovese, Esq., dated January 26, 2024, on behalf of AO D.C.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryOn December 18, 2023, AOs E.M. and D.C. (hereinafter referred to as &quot;Defendants&quot;) allegedly participated in a robbery at 3540 Main Street, Amherst, New York. AO E.M. was subsequently charged under FYC-74001-23 with one count of Robbery in the Second Degree, in violation of PL 160.10(1), a class C felony; Criminal Possession of a Weapon in the Fourth Degree, in violation of PL 265.01(2), a class A misdemeanor; and one count of Criminal Possession of Stolen Property in the Fifth Degree, in violation of PL 165.40, a class A misdemeanor. AO D.C. was subsequently charged under FYC-74002-23 with one count of Robbery in the Second Degree, in violation of PL 160.10(1), a class C felony. The AOs were arraigned in Youth Part on December 19, 2023. On December 22, 2023, the AOs appeared in this Court. The People conceded the six-day reading, and this Court found that these charges did not meet the requirements of CPL § [*2]722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting that this matter not be removed to Family Court. Findings of Fact It is alleged that on December 18, 2023, at approximately 7:40pm, a university student was walking through a plaza parking lot when he heard someone yell, &quot;yo, you&quot;. Five individuals surrounded the student. Two males told him to give them everything. The student recalled that one male, later identified as AO D.C., was tall, dark-skinned, wearing glasses a black puffy jacket and a black mask. The other male, later identified as AO E.M., was light-skinned, with a short afro, wearing a dark ski mask and a red, white, and black jacket. … <a href="/opinion/9471178/people-v-em/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/01/30/people_v._e.m._1.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. E.M.</title><link href="https://www.courtlistener.com/opinion/9470848/people-v-em/" rel="alternate"/><published>2024-01-30T00:00:00-08:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9470848/people-v-em/</id><summary type="html"> People v E.M. (2024 NY Slip Op 50097(U)) [*1] People v E.M. 2024 NY Slip Op 50097(U) Decided on January 30, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on January 30, 2024 Youth Part, Erie County The People of the State of New York againstE.M., D.C. AOs. Docket No. FYC-74001-23/001 Denise Herman, Esq., (Assistant District Attorney) Giovanni Genovese, Esq., (for the Principal AO D.C.) and Crystal M. Repka, Esq. (for the Principal AO E.M.) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise A. Herman, Esq. (Assistant District Attorney), dated January 19, 2024; the Reply Affirmation in Opposition of Crystal M. Repka, Esq., dated January 24, 2024, on behalf of AO E.M.; the Affirmation of Giovanni Genovese, Esq., dated January 26, 2024, on behalf of AO D.C.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following:Procedural HistoryOn December 18, 2023, AOs E.M. and D.C. (hereinafter referred to as &quot;Defendants&quot;) allegedly participated in a robbery at 3540 Main Street, Amherst, New York. AO E.M. was subsequently charged under FYC-74001-23 with one count of Robbery in the Second Degree, in violation of PL 160.10(1), a class C felony; Criminal Possession of a Weapon in the Fourth Degree, in violation of PL 265.01(2), a class A misdemeanor; and one count of Criminal Possession of Stolen Property in the Fifth Degree, in violation of PL 165.40, a class A misdemeanor. AO D.C. was subsequently charged under FYC-74002-23 with one count of Robbery in the Second Degree, in violation of PL 160.10(1), a class C felony. The AOs were arraigned in Youth Part on December 19, 2023. On December 22, 2023, the AOs appeared in this Court. The People conceded the six-day reading, and this Court found that these charges did not meet the requirements of CPL § [*2]722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting that this matter not be removed to Family Court. Findings of Fact It is alleged that on December 18, 2023, at approximately 7:40pm, a university student was walking through a plaza parking lot when he heard someone yell, &quot;yo, you&quot;. Five individuals surrounded the student. Two males told him to give them everything. The student recalled that one male, later identified as AO D.C., was tall, dark-skinned, wearing glasses a black puffy jacket and a black mask. The other male, later identified as AO E.M., was light-skinned, with a short afro, wearing a dark ski mask and a red, white, and black jacket. … <a href="/opinion/9470848/people-v-em/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/01/30/people_v._e.m..html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. J.G.</title><link href="https://www.courtlistener.com/opinion/9469800/people-v-jg/" rel="alternate"/><published>2024-01-25T00:00:00-08:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9469800/people-v-jg/</id><summary type="html"> People v J.G. (2024 NY Slip Op 50080(U)) [*1] People v J.G. 2024 NY Slip Op 50080(U) Decided on January 25, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on January 25, 2024 Youth Part, Erie County The People of the State of New York againstJ.G., AO. Docket No. FYC-73909-20/001 Denise A. Herman, Esq., (Assistant District Attorney)Sunil Bakshi, Esq., (for the Principal) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise A. Herman, Esq. (Assistant District Attorney), dated January 12, 2024; responsive papers dated January 19, 2024 by Sunil Bakshi, Esq., on behalf of AO J.G.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO J.G. is charged under FYC-73909-23 with one count of Criminal Possession of Stolen Property in the Third Degree, PL § 165.50, a class D felony; one count of Obstructing Governmental Administration in the Second Degree, PL § 195.05, a class A misdemeanor; one count of Unlawfully Fleeing a Police Officer, PL § 270.25, a class A misdemeanor; one count of Reckless Driving, VTL § 1212, a misdemeanor; and nine other traffic infractions. On December 15, 2023, AO J.G. appeared for an arraignment in Youth Part and entered a plea of not guilty. The People conceded the six-day reading, and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting this matter not be removed to Family Court. AO J.G. was released, having voluntarily accepted probation services. The decision date of the extraordinary circumstances motion was scheduled for January 26, 2024. Findings of Fact It is alleged that on December 10, 2023 at approximately 2:08 AM, in the Town of Amherst, a police officer responded to a report of two stolen vehicles (one Black SUV and one Red SUV) from a KIA dealership. Shortly thereafter, the Lieutenant saw a Black SUV speed past then do multiple donuts in an intersection. The Lieutenant saw a driver in the vehicle and no other passengers. The Lieutenant saw the vehicle turn right and continue speeding, driving approximately 80 m.p.h. in a 45 m.p.h. zone. During pursuit of the vehicle, the Lieutenant observed the vehicle driving on the wrong side of the road with no headlights on. The Lieutenant, as well as an Amherst Police Investigator, continued the high-speed pursuit of the Black SUV and observed as the vehicle erratically changed lanes, turned over a curb, and drove over a second … <a href="/opinion/9469800/people-v-jg/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/01/25/people_v._j.g._2.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry><entry><title>People v. D.M.-J.</title><link href="https://www.courtlistener.com/opinion/9469801/people-v-dm-j/" rel="alternate"/><published>2024-01-16T00:00:00-08:00</published><author><name>New York Family Court</name></author><id>https://www.courtlistener.com/opinion/9469801/people-v-dm-j/</id><summary type="html"> People v D.M.-J. (2024 NY Slip Op 50079(U)) [*1] People v D.M.-J. 2024 NY Slip Op 50079(U) Decided on January 16, 2024 Youth Part, Erie County Freedman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on January 16, 2024 Youth Part, Erie County The People of the State of New York againstD.M.-J., AO. Docket No. FYC-73909-23/001 Denise A. Herman, Esq., (Assistant District Attorney)Giovanni Genovese, Esq., (for the Principal) Brenda M. Freedman, J. The People having moved pursuant to Criminal Procedure Law, Article 722, § 722.23(1), et seq. for an order preventing removal of this action to the juvenile delinquency part of Erie County Family Court, and upon reading the Notice of Motion and Supporting Affidavit of Denise A. Herman, Esq. (Assistant District Attorney), dated January 4, 2024; responsive papers dated January 10, 2024 by Giovanni Genovese, Esq., on behalf of AO D.M.-J.; oral argument and a hearing on the motion having been waived; and due deliberation having been had, the Court finds the following: Procedural HistoryAO D.M.-J. is charged under FYC-73909-23 with one count of Criminal Possession of a Weapon in the Second Degree, a class C felony, contrary to Penal Law Section 265.03(3) and Obstructing Governmental Administration in the Second Degree, a class A misdemeanor, contrary to Penal Law Section 195.05. Accessible Magistrate Samuel P. Davis, Sr. arraigned AO A.G. on December 8, 2023 and released him on his own recognizance to the custody of his mother. On December 8, 2023, AO D.M.-J. appeared for an arraignment in Youth Part, entering a plea of not guilty. The People conceded the six-day reading, and this Court found that the charges did not meet the requirements of CPL § 722.23(2)(c) to remain in Youth Part. The People indicated that they would make a motion under CPL, Art. 722, § 722.23(1) requesting this matter not be removed to Family Court. AO D.M.-J. was released, having voluntarily accepted probation services. The decision date of the extraordinary circumstances motion was scheduled for January 18, 2024. Findings of Fact It is alleged that on December 7, 2023, at approximately 9:44 PM, a call came out for Threats in Progress. While responding to the call, the police officer received another radio call stating that a group of young males were threatening an individual. Upon arrival at the scene, the officer spoke with an older man (&quot;Complainant 1&quot;), who advised that approximately six to eight young males had harassed and threatened Complainant 1 while he was walking his dog. While the officer and Complainant 1 were talking, a second individual (&quot;Complainant 2&quot;) approached the officer. Complainant 2 said he had been kicked in the back by a person who the officer believed was part of the group of kids that had harassed and threatened Complainant 1. Complainant 2 described the suspect that kicked him as a young black male wearing a hoodie with yellow on … <a href="/opinion/9469801/people-v-dm-j/">Original document</a> </summary><link href="https://storage.courtlistener.com/html/2024/01/16/people_v._d.m.-j._2.html" length="0" rel="enclosure" type="application/octet-stream"/><category term="Non-Precedential"/></entry></feed>