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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
CourtAppellate Division, First Department
DecidedSeptember 3, 2026
Citation2026 NY Slip Op 05234
Area of lawCriminal Procedure
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05234
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id145

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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Published September 3, 2026. Updated September 3, 2026.