In the Matter of Benjamin L.
New York Court of Appeals
708 N.E.2d 156 (1999)

- Written by Katrina Sumner, JD
Facts
In 1994 Benjamin L. (defendant) was arrested for allegedly trying to steal Chinese food from a delivery person and for menacing him. The next day, an application for pre-petition detention was filed in a family court, and a hearing was held. The application was denied, and Benjamin was assigned to his mother’s care and given a 10:00 p.m. curfew. An entire year passed before the presentment agency (plaintiff) filed a petition starting juvenile proceedings to adjudicate Benjamin a juvenile delinquent. The petition alleged that Benjamin’s acts would constitute second-degree attempted robbery and third-degree menacing if performed by an adult. Benjamin filed a motion seeking dismissal of the petition, which the family court denied without conducting a hearing. A subsequent fact-finding hearing and a dispositional hearing were held, after which the family court held that Benjamin was a delinquent. Benjamin was given probation for one year. Upon appeal, the appellate court affirmed. Benjamin then appealed to the New York Court of Appeals, citing statutory grounds and due-process grounds. Benjamin argued that the pre-detention petition application should have started the speedy-trial clock instead of the petition filed by the presentment agency. Although New York law prescribed various deadlines and time frames for proceedings once a petition starting juvenile proceedings had been filed, the law had no mandated time frames for the period between the filing of a pre-detention petition application and the petition filed by the presentment agency if the juvenile was not in already in detention. Also, Benjamin argued that the delay in filing the petition filed by the presentment agency violated the Due Process Clause of the United States Constitution.
Rule of Law
Issue
Holding and Reasoning (Wesley, J.)
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