In re Desmond J., 93 N.Y.2d 950 (1999)
When a juvenile delinquency case is transferred from criminal court to family court, a supporting deposition filed in family court on the juvenile’s first appearance, affirming the allegations in the felony complaint, satisfies the jurisdictional requirements of the Family Court Act.
Summary
Desmond J. was charged with rape in the first degree via a felony complaint based on a detective’s hearsay allegations. The case was transferred to Family Court, with a finding of reasonable cause. In Family Court, the presentment agency filed a supporting deposition from the complainant. Desmond argued this was an improper attempt to cure a jurisdictionally defective petition and moved to dismiss. The Court of Appeals held that the deposition, filed at the earliest possible stage in Family Court, satisfied the requirements of the Family Court Act and was not an improper amendment.
Facts
Respondent Desmond J., a 14-year-old, was charged with rape in the first degree and related crimes based on a felony complaint containing hearsay allegations from a detective.
Following arraignment in criminal court, the case was transferred to Family Court “in the interests of justice” under CPL 180.75. The criminal court found reasonable cause to believe Desmond committed the crimes.
Upon transfer, the felony complaint and supporting papers were “deemed to be” a juvenile delinquency petition in Family Court.
The complainant signed a supporting deposition affirming the felony complaint’s allegations.
On Desmond’s first Family Court appearance, the presentment agency filed the deposition.
Procedural History
In criminal court, a felony complaint was filed, followed by a transfer to Family Court.
In Family Court, respondent moved to dismiss, arguing the petition was jurisdictionally defective.
Family Court denied the motion.
The Appellate Division affirmed.
The Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether a supporting deposition filed on the juvenile’s first appearance in Family Court after a case transfer from criminal court satisfies the requirements of Family Court Act § 311.2, or whether it constitutes an improper amendment of the petition under Family Court Act § 311.5.
Holding
No, because the supporting deposition was timely filed with the petition under Family Court Act § 311.2 and did not constitute an improper amendment under Family Court Act § 311.5, given that it was filed at the earliest possible stage in Family Court proceedings after the transfer.
Court’s Reasoning
The Court reasoned that Family Court Act § 311.1 (7) deems the felony complaint and transferred papers as satisfying the requirements of § 311.1 (3). While § 311.1 (7) doesn’t explicitly reference the non-hearsay requirement of § 311.2 (3), the Court clarified that supporting depositions can be filed to supplement the petition, as established in Matter of Jahron S., 79 NY2d 632, 638.
The Court emphasized that “Family Court Act § 311.2 clearly contemplates that * * * supporting depositions may be filed in addition to petitions and that the sufficiency of the petition is to be measured by the factual allegations contained not only in the petition itself but also in any supporting deposition that may be attached to it.”
The deposition here was timely filed on the date of respondent’s initial appearance in Family Court, the earliest possible stage after the transfer. The Court rejected the argument that the deposition should have been filed earlier in criminal court, deeming such an action “superfluous, if not irregular.” The Court also stated that requiring the case to be delayed in criminal court would contravene legislative intent to provide a removal avenue “as quickly as possible” (Matter of Vega v Bell, 47 NY2d 543, 550).
Therefore, the deposition was deemed timely filed with the petition (Family Ct Act § 311.2) and not an improper amendment (Family Ct Act § 311.5).