[SUMMARY] | [ISSUE & DISPOSITION] | [AUTHORITIES CITED] | [COMMENTARY]
Respondent was arrested and charged with delinquency in Family Court for his alleged participation in an attack on three individuals. Among the delinquency charges were various counts of assault, including two counts of assault in the first degree. Respondent moved to dismiss the two counts of assault in the first degree on the grounds that they were beyond the scope of Family Court's jurisdiction. Family Court denied his motion to dismiss. Respondent confessed to activities meriting charges of assault in the second degree. Respondent was sentenced as a juvenile delinquent to a limited security facility for a term of no more than a year and a half.
Respondent appealed to the Appellate Division, citing Family Court Act § 301 contending that Family Court did not retain exclusive original jurisdiction over offenses committed by juveniles deemed criminally responsible for their actions. The Appellate Division sustained Respondent's appeal.
The presentment agency appealed to the Court of Appeals, which affirmed the decision of the Appellate Division.
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