People ex rel. Doty v. Krueger
| Court | United States State Supreme Court (New York) |
| Writing for the Court | WILLIAM J. SULLIVAN |
| Citation | 58 Misc.2d 428,295 N.Y.S.2d 581 |
| Decision Date | 11 December 1968 |
| Parties | The PEOPLE of the State of New York ex rel. Roy DOTY, Relator, v. Arthur E. KRUEGER, as Warden of the Nassau County Jail, Respondent. |
Page 581
v.
Arthur E. KRUEGER, as Warden of the Nassau County Jail, Respondent.
Page 582
James J. McDonough, Mineola, Atty. in Charge, Legal Aid Society of Nassau County, Criminal Division, for relator.
Morris H. Schneider, County Atty., Nassau County, Mineola, William Cahn, Dist. Atty., Mineola, for respondent.
[58 Misc.2d 429] WILLIAM J. SULLIVAN, Justice.
On this writ of habeas corpus, relator seeks a judgment discharging him from detention in the Nassau County Jail to which he was committed by the County Court of Nassau County after indictment by the Grand Jury. It is relator's contention that exclusive original jurisdiction of the charges made against him is vested in the Family Court under Section 812 of the Family Court Act and therefore his indictment by the Grand Jury and his imprisonment by the County Court are illegal.
The indictment under which the relator is presently imprisoned consists of two counts which accuse him of the crimes of sodomy in the first degree and sexual abuse in the first degree. The indictment alleges that relator on various occasions engaged in deviate sexual intercourse and forcible sexual contact with his nine-year old cousin. Relator states that at the time of the acts charged against him, he was living at his cousin's home; that he and the boy were members of the same household; and therefore the Family Court has exclusive original jurisdiction since the acts alleged would constitute 'disorderly conduct or an assault * * * between members of the same family or household' within the meaning of said Section 812.
Section 812 of the Family Court Act is part of Article 8 of said Act, entitled 'Family Offenses Proceedings'. Section 811 of Article 8, entitled 'Finding and Purpose' reads as follows:
'In the past, wives and other members of the family who suffered from disorderly conduct or assaults by other members of the family or household were compelled to bring a 'criminal charge' to invoke the jurisdiction of a court. Their purpose, with few exceptions, was not to secure a criminal conviction and punishment, but practical help.
The family court is better equipped to render such help, and the purpose of this article is to create a civil proceeding, for dealing with such instances of disorderly conduct and assaults.'
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United States ex rel. Herrington v. Mancusi, No. 657
...the question have concluded that these acts fall within the criminal jurisdiction of the Supreme Court. 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. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (Sup.Ct.1966); Seymour v. ......
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S v. S
...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.2d 321 (father and daughter). While the lower court in Krueger atte......
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United States ex rel. Walker v. Henderson, No. 490
...a child's welfare. Lower court cases have held that sexual abuse and sodomy were not covered by the Act. People ex rel. Doty v. Krueger, 58 Misc.2d 428, 295 N.Y.S.2d 581 (Sup.Ct. Nassau Co. 1968) (sexual abuse, sodomy); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321, (Sup.Ct. Queens Co......
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People v. Lewis
...find that act within its intendment (see People 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 sh......
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United States ex rel. Herrington v. Mancusi, No. 657
...the question have concluded that these acts fall within the criminal jurisdiction of the Supreme Court. 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. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321 (Sup.Ct.1966); Seymour v. ......
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S v. S
...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.2d 321 (father and daughter). While the lower court in Krueger atte......
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United States ex rel. Walker v. Henderson, No. 490
...a child's welfare. Lower court cases have held that sexual abuse and sodomy were not covered by the Act. People ex rel. Doty v. Krueger, 58 Misc.2d 428, 295 N.Y.S.2d 581 (Sup.Ct. Nassau Co. 1968) (sexual abuse, sodomy); People v. Fuentes, 51 Misc.2d 354, 273 N.Y.S.2d 321, (Sup.Ct. Queens Co......
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People v. Lewis
...find that act within its intendment (see People 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 sh......