People v. Nuernberger
| Court | New York Court of Appeals |
| Writing for the Court | PER CURIAM; FULD, Chief Judge and BERGAN; FULD, C.J., and BERGAN; FULD |
| Citation | 303 N.Y.S.2d 74,25 N.Y.2d 179,250 N.E.2d 352 |
| Decision Date | 02 July 1969 |
| Parties | , 250 N.E.2d 352 The PEOPLE of the State of New York, Respondent, v. Robert NUERNBERGER, Appellant. The PEOPLE of the State of New York ex rel. Robert NUERNBERGER, Appellant, v. Charles L. McKENDRICK, as Warden of Wallkill Prison, Respondent. |
Page 74
v.
Robert NUERNBERGER, Appellant.
The PEOPLE of the State of New York ex rel. Robert
NUERNBERGER, Appellant,
v.
Charles L. McKENDRICK, as Warden of Wallkill Prison, Respondent.
Page 75
[25 N.Y.2d 180] Bruce K. Carpenter, Buffalo, Leslie A. Bradshaw, Rochester, and Robert R. Molic, Buffalo, for appellant in the above action.
[25 N.Y.2d 181] Michael F. Dillon, Dist. Atty. (Herbert J. Herman, Buffalo, of counsel), for respondent in the above action.
Robert D. Schneider, for appellant in the above proceeding.
[250 N.E.2d 353] Louis J. Lefkowitz, Atty. Gen. (Calvin M. Berger and Ruth Kessler Toch, Albany, of counsel), for respondent in the above proceeding.
PER CURIAM.
Upon an indictment charging incest, assault in the second degree and impairing the morals of a minor, defendant[25 N.Y.2d 182] was tried in Erie County
Page 76
Court. He was acquitted of incest and convicted both of assault and of impairing morals. The crimes were committed on defendant's 11-year-old daughter. The assault as a felony depended on an intent to commit a crime--incest (former Penal Law, § 242, Consol.Laws, c. 40, subd. 5).It is not disputed that the assault charge was not presented at any time to the Family Court in Erie County but was prosecuted initially in the County Court. The question involved is whether the intent to commit incest, as a purpose of the assault and which made the assault a felony, made it unnecessary to submit the charge to the Family Court in the first instance; or whether the County Court could take jurisdiction directly without such preliminary proceeding.
The statute is explicit in saying that the Family Court 'has exclusive original jurisdiction' over 'any proceeding' concerning 'acts which would constitute * * * an assault * * * between parent and child' (Family Ct. Act, § 812; cf. N.Y.Const., art. VI, § 13, subd. b).
The court has held this exclusive original jurisdiction applies to aggravated and felonious assaults within a family group (People v. Johnson, 20 N.Y.2d 220, 282 N.Y.S.2d 481, 229 N.E.2d 180). It is, of course, a jurisdiction subject to transfer by the Family Court (Family Ct. Act, § 813). That the purpose of the assault may be another crime which would itself not be a subject of original jurisdiction in the Family Court, as for example manslaughter, does not change the nature of the jurisdiction problem.
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...jurisdiction" refers to the tribunal in which a particular type of action or proceeding must be originated ( People v. Nuernberger, 25 N.Y.2d 179, 182, 303 N.Y.S.2d 74, 250 N.E.2d 352). While another court may subsequently acquire jurisdiction over the action or proceeding in accordance wit......
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...222-223, 282 N.Y.S.2d 481, 229 N.E.2d 180; People v. Williams, 24 N.Y.2d 274, 278, 300 N.Y.S.2d 89, 248 N.E.2d 8; People v. Nuernberger, 25 N.Y.2d 179, 182, 303 N.Y.S.2d 74, 250 N.E.2d 352; see also, Report of Joint Legislative Committee on Court Reorganization, No. 2--The Family Court Act,......
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...VI, § 13; Fam. Ct. Act §§ 115[e]; 812[1]; People v. Williams, 24 N.Y.2d 274, 278, 300 N.Y.S.2d 89, 248 N.E.2d 8; People v. Nuernberger, 25 N.Y.2d 179, 182, 303 N.Y.S.2d 74, 250 N.E.2d 352).1 Respondent's claim that the Family Court lacks subject matter jurisdiction is misplaced. There is “a......
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...upon the Fowlkes (burglary with intent to commit assault upon a wife, must begin in the Family Court), said in People v. Nuernberger, 25 N.Y.2d 179 at 182--183, 303 N.Y.S.2d 74 at 76, 250 N.E.2d 352 at 353 that the incest issue remains 'If there is to be a prosecution for an assault within ......
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In re Kaminski G.
...jurisdiction" refers to the tribunal in which a particular type of action or proceeding must be originated ( People v. Nuernberger, 25 N.Y.2d 179, 182, 303 N.Y.S.2d 74, 250 N.E.2d 352). While another court may subsequently acquire jurisdiction over the action or proceeding in accordance wit......
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Eileen W. v. Mario A.
...222-223, 282 N.Y.S.2d 481, 229 N.E.2d 180; People v. Williams, 24 N.Y.2d 274, 278, 300 N.Y.S.2d 89, 248 N.E.2d 8; People v. Nuernberger, 25 N.Y.2d 179, 182, 303 N.Y.S.2d 74, 250 N.E.2d 352; see also, Report of Joint Legislative Committee on Court Reorganization, No. 2--The Family Court Act,......
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...upon the Fowlkes (burglary with intent to commit assault upon a wife, must begin in the Family Court), said in People v. Nuernberger, 25 N.Y.2d 179 at 182--183, 303 N.Y.S.2d 74 at 76, 250 N.E.2d 352 at 353 that the incest issue remains 'If there is to be a prosecution for an assault within ......