The following papers were read on this Motion: The People’s Affirmation in Support of Motion to Prevent Removal to Family Court Pursuant to CPL §722.23 1 The Adolescent Offender’s Corrected Affirmation in Opposition to People’s Motion to Prevent Removal to Family Court 2 DECISION AND ORDER The defendant in this matter, M.R. (D.O.B. 00/00/000) is charged as an Adolescent Offender (“AO”) in the Youth Part of the County Court in Nassau County. The People have moved for an Order pursuant to CPL §722.23(1) directing that this matter remain in the Youth Part and not be removed to the Family Court in Nassau County due to the existence of “extraordinary circumstances”. (CPL §722.23[1]). The AO has filed opposition to the People’s motion. The People’s Motion Opposing Removal is determined as follows: The AO is charged by way of felony complaint with one count of Rape in the Third Degree [Penal Law §130.25(03)]. The charge filed against the AO arises from an incident alleged to have occurred on July 31, 2020, at approximately 1:00 AM in L.B., Nassau County, New York. The AO was arraigned in the Youth Part on May 4, 2021. At that appearance, the People conceded that the case does not qualify for a statutory “sixth-day appearance” under CPL §722.23[2], because the AO is charged with Rape in the Third Degree, which is not a “violent felony as defined in section 70.02 of the penal law”. (See CPL §722.23[2][a]). The Court thereafter set down a motion schedule for the People to file their Motion Opposing Removal based on “extraordinary circumstances”1. (CPL §722.23[1]). The People’s Motion Opposing Removal consists of the Affirmation in Support of People’s Motion to Prevent Removal to Family Court Pursuant to CPL §722.23 by Assistant District Attorney Vincent Bruni, Esq., with exhibits attached thereto (“Bruni Aff. in Support of Motion”). The People argue that extraordinary circumstances exist which warrant retaining this case in the Youth Part, in that there is a Statute of Limitations “loophole” which would prevent the Family Court from having jurisdiction over the case if it were removed from the Youth Part. (Bruni Aff. in Support of Motion, 11). According to the People, the AO is alleged to have committed the criminal act approximately six months before he turned 18 years old, and he was arraigned on this case on May 4, 2021, after he had turned 18. (Bruni Aff. in Support of Motion,
