Benson v. Benson

Order unanimously reversed and matter remitted to Chautauqua County Family Court for further proceedings in accordance with the following memorandum: Defendant was arrested on a warrant issued • by a Town Justice and charged with the crime of assault, third degree,. committed on his mother. After arraignment the Town Justice transferred the matter to Family Court, which had exclusive original jurisdiction since it was a family offense. Defendant appeared in Family Court without counsel. After reading the allegations of the accusatory instrument and inquiring as to the ages of defendant and…