People v. Treyvon A. E. (Anonymous)
Attorneys and Parties
Brief Summary
Whether the People established "extraordinary circumstances" under CPL 722.23(1) [allows the People to prevent transfer of an adolescent offender case to Family Court upon a showing of extraordinary circumstances] to keep an adolescent offender’s violent felony case in the Youth Part rather than remove it to Family Court.
The Youth Part granted the People’s motion to prevent removal to Family Court and, on reargument, adhered to that determination.
The Appellate Division reversed the judgments of conviction, denied the People’s motion to prevent removal, and directed removal of the actions to Family Court.
The People failed to demonstrate extraordinary circumstances as required by CPL 722.23(1), consistent with People v Lloyd F., 2025 NY Slip Op 04583, and People v Yahmir T.D., 241 AD3d 576.
Background
Defendant, age 17, was charged with two counts of robbery in the second degree under Indictment No. 126/20 and S.C.I. No. 209/20. Under the 2017 Raise the Age legislation, a 16- or 17-year-old charged with a qualifying felony is an "adolescent offender" (CPL 1.20[44] [defines 16- or 17-year-olds charged with certain felonies as adolescent offenders]; see Penal Law § 30.00[1], [3][a] [age-based criminal responsibility]). In violent felony cases, the Youth Part must hold a hearing within six days of arraignment to determine whether the People proved certain aggravating factors to keep the case in the Youth Part (CPL 722.23[2][c] [requires a six-day hearing to determine whether significant physical injury, display of a firearm/deadly weapon, or enumerated sex offenses keep the case in the Youth Part]). If those are not proven, the case must be removed to Family Court unless the People show extraordinary circumstances to prevent removal (CPL 722.23[1] [allows motion to prevent transfer upon extraordinary circumstances]). Here, the People moved to prevent removal; the Youth Part granted the motion and adhered on reargument. Defendant later pleaded guilty to robbery in the second degree in both cases, and sentences were imposed on October 8, 2021. Defendant appealed, bringing up for review the orders preventing removal.
Lower Court Decision
The Youth Part of the County Court (Rockland County) granted the People’s CPL 722.23(1) motion to prevent removal to Family Court and, upon reargument, adhered to its prior determination.
Appellate Division Reversal
The Appellate Division reversed the judgments, denied the People’s CPL 722.23(1) motion, and remitted for entry of an order removing the actions to Family Court, Rockland County. The court held the People did not establish extraordinary circumstances warranting retention in the Youth Part; the People’s remaining contention lacked merit.
Legal Significance
Reaffirms that the "extraordinary circumstances" exception in CPL 722.23(1) is narrow and the People bear the burden; absent a sufficient showing, adolescent offender cases must be removed to Family Court. Aligns with People v Lloyd F., 2025 NY Slip Op 04583, and People v Yahmir T.D., 241 AD3d 576, and confirms that such removal issues are reviewable on appeal even after guilty pleas when the appeals bring up for review the underlying orders.
In adolescent offender violent felony cases, if the statutory aggravators are not established, the case must be removed to Family Court unless the People prove extraordinary circumstances under CPL 722.23(1); failure to do so requires removal, even post-plea.