People ex rel. Doty v. Kreuger
| Decision Date | 05 March 1970 |
| Citation | 26 N.Y.2d 881,309 N.Y.S.2d 932 |
| Parties | , 258 N.E.2d 215 PEOPLE, etc. ex rel. Roy DOTY, Appellant, v. Arthur E. KREUGER, Warden, Nassau County Jail, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
James J. McDonough, Mineola (Matthew Muraskin, Joel J. Ziegler, Mineola, of counsel), for relator-appellant.
William Cahn, Mineola (Henry P. Devine, Mineola, of counsel), for respondent.
The relator, who had been convicted of second degree sodomy on his plea of guilty, brought habeas corpus proceeding against Warden.
The writ of habeas corpus was prosecuted on ground that alleged victim of the alleged crimes was a cousin of the relator, and on ground that relator resided with the victim and the victim's parents in their home, and that consequentially there was a 'family assault' within meaning of the Family Court Act, § 812, and that therefore case should have been considered initially by Family Court.
The Supreme Court, Nassau County, William J. Sullivan, J., 58 Misc.2d 428, 295 N.Y.S.2d 581, rendered an order dismissing the writ of habeas corpus.
The Appellate Division rendered an order unanimously affirming the order of the Supreme Court, Nassau County.
The relator appealed to the Court of Appeals, contending that alleged acts of sodomy and sexual abuse were within exclusive original jurisdiction of the Family Court under the Family Court Act, § 812.
The prosecution contended in the Court of Appeals to the contrary.
Appeal dismissed, without costs, upon the ground that relator has been released on probation and therefore he is no longer restrained of his liberty to such a degree as to entitle him to the extraordinary writ of habeas corpus (See People ex rel. Wilder v. Markley, 26 N.Y.2d 648, 307 N.Y.S.2d 672, 255 N.E.2d 784, decided January 7, 1970; People ex rel. Hunt v. Allen, 26 N.Y.2d 832, 309 N.Y.S.2d 362, 257 N.E.2d 906, decided February 19, 1970).
All concur.
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