Ellingham v. Morton

Application denied and petition dismissed, without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking an order of this court prohibiting the County Court Judge and the District Attorney from conducting further proceedings upon an indictment charging him with burglary in the third degree. He contends that the court lacks jurisdiction to try him as an adult since he was under 16 years of age at the time of the commission of the offense. Although the offense occurred at 3:00 a.m., on December 2, 1984, the date of his sixteenth birthday, defendant contends that he did…