Opinion
May 5, 1998
Appeal from the Family Court, New York County (George Jurow, J.).
Appellant's speedy trial motion was properly denied. It is undisputed that there was complete conformity with Family Court Act § 340.1 Fam. Ct. Act (1) from the date of appellant's initial appearance, October 31, 1996, until the adjourned date of November 8, 1996, while appellant was in detention. After his release from detention on that date, the 60-day time period for the commencement of the fact-finding hearing pursuant to Family Court Act § 340.1 Fam. Ct. Act (2) for paroled juveniles became applicable, and a showing of "good cause" was not required for adjournment (Matter of Oldalys O., 243 A.D.2d 288; Matter of Jamal H., 235 A.D.2d 270, lv denied 89 N.Y.2d 815). Since the fact-finding hearing commenced on December 18, 1996, 48 days after the initial appearance, appellant's right to a speedy trial was not violated.
The court's findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence of larcenous intent.
Concur — Lerner, P. J., Nardelli, Wallach, Rubin and Mazzarelli, JJ.