People ex rel. Doty v. Krueger

Citation302 N.Y.S.2d 605,32 A.D.2d 845
PartiesThe PEOPLE, etc., ex rel. Roy DOTY, Appellant, v. Arthur E. KRUEGER, Warden of the Nassau County Jail, Respondent.
Decision Date30 June 1969
CourtNew York Supreme Court Appellate Division

James J. McDonough, Mineola, for relator-appellant; Matthew Muraskin, Joel J. Ziegler, Mineola, of counsel.

William Cahn, Dist. Atty. of Nassau County, for respondent; Jules E. Orenstein, Asst. Dist. Atty., of counsel.

Before BELDOCK, P.J., and CHRIST, HOPKINS, MUNDER and KLEINFELD, JJ.

MEMORANDUM BY THE COURT.

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Nassau County, entered December 18, 1968, which dismissed the writ.

Judgment affirmed, without costs, on the opinion of the learned Justice at Special Term.

We agree that proceedings concerning sodomy and sexual abuse, each in the first degree, committed between members of the same household, are not transferable to the Family Court pursuant to section 812 of the Family Court Act.

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8 cases
  • United States ex rel. Herrington v. Mancusi
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 25, 1969
    ... ... The Appellate Division affirmed the conviction without opinion, People v. Herrington, 23 A.D.2d 524, 255 N.Y.S.2d 824 (4th Dept.1965) ...         Subsequently, ... People ex rel. Doty v. Kreuger, 58 Misc.2d 428, 295 N.Y.S.2d 581, aff'd, App.Div.2d Dept., 302 N.Y.S.2d 605; People v ... ...
  • S v. S
    • United States
    • New York City Court
    • May 21, 1970
    ...and at Special Term have ruled in the negative in cases involving sodomy between members of the same household. People ex rel. Doty v. Krueger, 32 A.D.2d 845, 302 N.Y.S.2d 605, affirming by memorandum 58 Misc.2d 428, 295 N.Y.S.2d 581 (cousins); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2......
  • People v. Lewis
    • United States
    • New York Court of Appeals Court of Appeals
    • January 13, 1972
    ...v. Fuentes, 51 Misc.2d 354, 357, 273 N.Y.S.2d 321, 324; People ex rel. Doty v. Krueger, 58 Misc.2d 428, 295 N.Y.S.2d 581, affd. 32 A.D.2d 845, 302 N.Y.S.2d 605, app. dismd. 26 N.Y.2d 881, 309 N.Y.S.2d 932, 258 N.E.2d The order appealed from should be affirmed. FULD, Chief Judge (concurring)......
  • People v. Brennan
    • United States
    • New York Supreme Court — Appellate Division
    • January 7, 1970
    ...220, 225, 282 N.Y.S.2d 481, 485, 229 N.E.2d 180, 183; People ex rel. Doty v. Krueger, 58 Misc.2d 428, 295 N.Y.S.2d 581, affd. 32 A.D.2d 845, 302 N.Y.S.2d 605). Here, with the wife's death, no domestic quarrel remained to remove for solution or help. There was no allegation that the son of d......
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