Section 340.1. Time of fact-finding hearing  


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  • 1. If the respondent is in
      detention and the highest count in the petition charges  the  commission
      of  a  class  A, B, or C felony, the fact-finding hearing shall commence
      not more  than  fourteen  days  after  the  conclusion  of  the  initial
      appearance  except as provided in subdivision four. If the respondent is
      in detention and the highest count in such petition is less than a class
      C felony the fact-finding hearing shall commence no more than three days
      after the conclusion of the initial appearance  except  as  provided  in
      subdivision four.
        2.  If  the  respondent  is  not in detention the fact-finding hearing
      shall commence not more than sixty days  after  the  conclusion  of  the
      initial appearance except as provided in subdivision four.
        3.  For  the  purposes of this section, in any case where a proceeding
      has been removed to  the  family  court  pursuant  to  an  order  issued
      pursuant  to  section  725.05  of  the  criminal procedure law, the date
      specified in such order for the defendant's  appearance  in  the  family
      court shall constitute the date of the initial appearance.
        4. The court may adjourn a fact-finding hearing:
        (a)  on its own motion or on motion of the presentment agency for good
      cause shown for not more  than  three  days  if  the  respondent  is  in
      detention  and  not  more  than  thirty days if the respondent is not in
      detention; provided, however, that if there is probable cause to believe
      the respondent committed a homicide or  a  crime  which  resulted  in  a
      person  being  incapacitated from attending court, the court may adjourn
      the hearing for a reasonable length of time; or
        (b) on motion by the respondent for good cause shown for not more than
      thirty days; or
        (c) on its own motion for not more than six months if  the  proceeding
      has  been  adjourned  in  contemplation of dismissal pursuant to section
      315.3.
        5. The court shall state on the record the reason for any  adjournment
      of the fact-finding hearing.
        6.  Successive  motions to adjourn a fact-finding hearing shall not be
      granted in  the  absence  of  a  showing,  on  the  record,  of  special
      circumstances;  such circumstances shall not include calendar congestion
      or the status of the court's docket or backlog.
        7. For purposes of this section, if a  warrant  for  the  respondent's
      arrest  has been issued pursuant to section 312.2 of this article due to
      the respondent's failure to appear for a scheduled fact-finding hearing,
      computation of the time within which such hearing must take place  shall
      exclude  the  period  extending  from  the date of issuance of the bench
      warrant for respondent's arrest because of his or her failure to  appear
      to  the  date the respondent subsequently appears in court pursuant to a
      bench warrant or appears voluntarily; provided, however,  no  period  of
      time  may  be excluded hereunder unless the respondent's location cannot
      be determined by the exercise of due diligence or, if  the  respondent's
      location  is  known,  his or her presence in court cannot be obtained by
      the exercise of due diligence. In determining whether due diligence  has
      been  exercised,  the  court  shall  consider,  among other factors, the
      report presented to the court pursuant to  subdivision  two  of  section
      312.2 of this article.