Legal Opinion

In re Meleick H.

New York City Family Court

Decided August 5, 1996PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Stephen J. Bogacz, J.

The respondent in this juvenile delinquency proceeding moves to dismiss the petition (accusatory instrument) as lacking subject matter jurisdiction. The respondent was arrested and charged with rape in the first degree under Penal Law § 130.35 (1), allegedly committed while the respondent was 14 years of age. Subsequent to the arrest, the matter was referred to the Kings County District Attorney’s office for possible prosecution as a "juvenile offender”. (See, Penal Law § 10.00 [18]; § 30.00 [2]; CPL 1.20 [42].) The District Attorney’s office…

2Cases cited10 opinions

  1. Kent v. United StatesSupreme Court of the United States · 1966
  2. United States v. GillilandSupreme Court of the United States · 1941
  3. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. EboliNew York Court of Appeals · 1974
  5. Vega v. BellNew York Court of Appeals · 1979

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3Cited by1 opinion

  1. People v. Cajigas, New York County Courts1997

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