Since the parties agree that respondent's right to a speedy fact-finding hearing pursuant to Family Court Act § 340.1 (1) was violated, the only remaining issue is the proper remedy to be applied, release from detention or dismissal of the petition.
The presentment agency argues that an analogy should be drawn to the adult speedy trial provisions (CPL 30.30) where the time limitation for bringing a defendant to trial is shorter if he is incarcerated. Where there...
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