Opinion
May 31, 1996
Appeal from the Erie County Family Court, Mix, J.
Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Order unanimously reversed on the law without costs, findings of fact vacated and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum:
In this juvenile delinquency proceeding under article 3 of the Family Court Act, respondent has been adjudicated a juvenile delinquent on the ground that he committed an act that, if committed by an adult, would constitute the crime of petit larceny. We conclude that Family Court, by denying respondent's request for a brief adjournment so that subpoenaed alibi witnesses could be produced, violated the fundamental right of respondent to present witnesses in his own defense ( see, People v. Foy, 32 N.Y.2d 473, 476-478). Although "[t]he granting of an adjournment for any purpose is a matter resting within the sound discretion of the trial court" ( People v. Patterson, 177 A.D.2d 1042, lv denied 79 N.Y.2d 1052; see also, Matter of Anthony M., 63 N.Y.2d 270, 283-284), "[w]here the right of the [accused] to prepare his case is involved, however, that discretionary power is more narrowly construed" ( People v. Matthews, 148 A.D.2d 272, 276, lv dismissed 74 N.Y.2d 950; see, People v. Jones, 227 A.D.2d 982 [decided herewith]). That is so because "[f]ew rights are more fundamental than that of an accused to present witnesses in his own defense" ( Chambers v. Mississippi, 410 U.S. 284, 302). Therefore, the order of disposition must be reversed, the findings of fact vacated and the matter remitted to Erie County Family Court to conduct new fact-finding and dispositional hearings.
Lastly, there is no merit to the contention of respondent that the petition should be dismissed based upon petitioner's failure to prove the allegations in the petition beyond a reasonable doubt.