Opinion
1814
October 10, 2002.
Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about August 9, 2001, which adjudicated appellant a juvenile delinquent, upon his admission that he had committed an act which, if committed by an adult, would constitute the crime of resisting arrest, and conditionally discharged him for a period of 12 months, unanimously affirmed, without costs.
PATRICIA S. COLELLA, for appellant.
MORDECAI NEWMAN, for Presentment Agency.
Before: Williams, P.J., Nardelli, Mazzarelli, Marlow, Gonzalez, JJ.
The court properly denied appellant's motion to dismiss the petition made on the ground that he was denied his constitutional right to a speedy trial (see Matter of Benjamin L., 92 N.Y.2d 660) . The Presentment Agency presented a sufficient excuse for its seven-month delay in filing the petition, given its reasonably diligent efforts to secure a supporting affidavit from the non-English speaking, reluctant civilian victim. Moreover, the delay did not undermine the rehabilitative goal of this proceeding and appellant was not prejudiced in any manner.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.