People v. Brennan
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | COOKE |
| Citation | 306 N.Y.S.2d 384,33 A.D.2d 139 |
| Decision Date | 07 January 1970 |
| Parties | The PEOPLE of the State of New York, Respondent, v. John Bernard BRENNAN, Appellant. |
Page 384
v.
John Bernard BRENNAN, Appellant.
Page 385
[33 A.D.2d 140] Robert E. Jones, Dist. Atty., New York City, for respondent.
Edmund J. Hoffman, Jr., Cortland, for appellant.
Before [33 A.D.2d 142] HERLIHY, P.J., and STALEY, GREENBLOTT, COOKE and SWEENEY, JJ.
[33 A.D.2d 140] COOKE, Justice.
This is an appeal from an order of the County Court of Cortland County, entered July 29, 1968, which denied, without a hearing, defendant's application in the nature of a writ of error Coram nobis to vacate the judgment convicting defendant of manslaughter in the first degree.
Defendant was arrested on a charge of murdering his wife on January 29, 1966 and, after a preliminary hearing in the City Court of Cortland, was ordered held for the grand jury. Indicted for murder in the first degree on April 13, 1966, he first entered a plea of not guilty, but on October 21, 1966 in the County Court of Cortland County pleaded guilty to the reduced charge of manslaughter in the first degree in full satisfaction of the indictment. The issue presented is whether the proceedings arising out of the charge for murder and which led to the manslaughter conviction should have been referred in the first instance to the Family Court.
Under subdivision b of section 13 of article VI of the New York State Constitution, the Family Court shall have jurisdiction over 'crimes and offenses by or against minors or between spouses or between parent and child or between members of the same family or household' but only 'as may be provided by law'. At the time of the charge, indictment, guilty plea and sentence, section 812 of the Family Court Act gave the Family Court 'exclusive original jurisdiction over any proceeding concerning acts which would constitute disorderly conduct or an assault between spouses'. During said period, section 813 of said Act provided:
'Any criminal complaint charging disorderly conduct or an assault between spouses or between parent and child or between members of the same family or household shall be transferred by the criminal court in which complaint was made to the family court in the county in which the criminal court is located, unless the family court had
Page 386
transferred[33 A.D.2d 141] the proceeding to the criminal court or unless the complaint is withdrawn within three days of the time it...To continue reading
Request your trial
-
S v. S
...guilty, 'that the son of the defendant and the victim were participants in or in any way involved in the 'quarrel'.' People v. Brennan, 33 A.D.2d 139, 141, 306 N.Y.S.2d Of course, if the stigma even of a confidential Family Court determination as a civil decision is objected to (but in this......
-
Theresa C., Matter of
...commencement of the proceeding, 10 concluding that the child no longer needed the protection of the court (see also People v. Brennan, 33 A.D.2d 139, 306 N.Y.S.2d There are several factors which suggest that this court's processes are inappropriate or insufficient in this case. The responde......
-
Stephanie WW, Matter of
...Matter of Lambert, 119 Misc.2d 326, 462 N.Y.S.2d 791; see also, Matter of Minter, 132 A.D.2d 701, 518 N.Y.S.2d 181; People v. Brennan, 33 A.D.2d 139, 141, 306 N.Y.S.2d 384 [Family Ct.Act former § 812, which then provided Family Court with exclusive jurisdiction over interspousal assaults, d......
-
People v. Gemmill
...750; People v. DeJesus, 21 A.D.2d 236, 250 N.Y.S.2d 317; People v. Boyce, 55 Misc.2d 53, 284 N.Y.S.2d 358; cf. People v. Brennan, 33 A.D.2d 139, 306 N.Y.S.2d Appellant contends that, under section 816 of the Family Court Act, the Family Court must hold a hearing before it can determine that......
-
S v. S
...guilty, 'that the son of the defendant and the victim were participants in or in any way involved in the 'quarrel'.' People v. Brennan, 33 A.D.2d 139, 141, 306 N.Y.S.2d Of course, if the stigma even of a confidential Family Court determination as a civil decision is objected to (but in this......
-
Theresa C., Matter of
...commencement of the proceeding, 10 concluding that the child no longer needed the protection of the court (see also People v. Brennan, 33 A.D.2d 139, 306 N.Y.S.2d There are several factors which suggest that this court's processes are inappropriate or insufficient in this case. The responde......
-
Stephanie WW, Matter of
...Matter of Lambert, 119 Misc.2d 326, 462 N.Y.S.2d 791; see also, Matter of Minter, 132 A.D.2d 701, 518 N.Y.S.2d 181; People v. Brennan, 33 A.D.2d 139, 141, 306 N.Y.S.2d 384 [Family Ct.Act former § 812, which then provided Family Court with exclusive jurisdiction over interspousal assaults, d......
-
People v. Gemmill
...750; People v. DeJesus, 21 A.D.2d 236, 250 N.Y.S.2d 317; People v. Boyce, 55 Misc.2d 53, 284 N.Y.S.2d 358; cf. People v. Brennan, 33 A.D.2d 139, 306 N.Y.S.2d Appellant contends that, under section 816 of the Family Court Act, the Family Court must hold a hearing before it can determine that......