Appellate Division, First Department · September 3, 2026 · 2026 NY Slip Op 05234
People v Key
Read the official decision: 2026 NY Slip Op 05234
Holding The Appellate Division reversed the lower court’s retention of the case in the Youth Part, exercising its interest-of-justice power to substitute its discretion despite the absence of an abuse of discretion. The court held that the totality of circumstances, particularly substantial mitigating factors, did not establish the ‘extraordinary circumstances’ required to overcome the statutory presumption of removal to Family Court under the Raise the Age legislation.
The court’s words
we hold that in the interest of justice, the People's motion should be denied and the case removed to Family Court
2026 NY Slip Op 05234, at the official text
the totality of the circumstances overwhelmingly militates in favor of transferring this case to Family Court
2026 NY Slip Op 05234, at the official text
we cannot conclude that Supreme Court abused its discretion in adjudicating the People's motion to prevent the removal of defendant's case to Family Court
2026 NY Slip Op 05234, at the official text
the exceptional circumstances requirement will be a high standard for the [People] to meet
2026 NY Slip Op 05234, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 3, 2026 |
| Citation | 2026 NY Slip Op 05234 |
| Area of law | Criminal Procedure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05234 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 145 |
Recommended citation
ESQ HQ, New York Law Watch, People v Key, 2026 NY Slip Op 05234 (Appellate Division, First Department, September 3, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05234/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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