"We cannot say that the court, after weighing the considerable aggravating and mitigating factors here, abused its discretion as a matter of law in determining that extraordinary circumstances exist that should prevent removal to family court, wrote Associate Court of Appeals Judge Shirley Troutman in the majority opinion, which was supported by Associate Judges Michael Garcia, Madeline Singas and Anthony Cannataro."
"But the decision split three of the liberal-leaning judges from the majority. Chief Judge Rowan Wilson and associate judges Jenny Rivera and Caitlin Halligan dissented on the grounds that Guerrero's crimes would lower the bar for whether all but the most serious cases would go to family court. The facts of the defendant's crime are certainly troubling, but they are also typical of many violent felonies which are nonetheless presumptively removable to family court, wrote Halligan in her dissent."
A divided New York Court of Appeals ruled that an exception to the Raise the Age law applied in the case of Errick Guerrero, a 17-year-old with prior family-court involvement who took part in a violent home robbery. Guerrero was convicted of first-degree burglary and robbery in 2022 and sentenced to state prison rather than being transferred to family court as an adolescent offender. The majority found that extraordinary circumstances existed after weighing aggravating and mitigating factors. Three liberal-leaning judges dissented, warning the ruling could lower the standard for keeping most 16- and 17-year-olds in family court. Prosecutors plan to seek rollbacks to the law during the state budget process.
Read at www.amny.com
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