Legal Opinion
People v. Di Marco
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1963PublishedCited by 2 opinions
1Per curiam
This is an appeal by the People from an order sustaining a demurrer and dismissing an indictment charging each of the defendants with being a common gambler in violation of section 970 of the Penal Law.
The ground of the demurrer was that the Grand Jury lacked jurisdiction to present the indictment because the Police Court had not been properly divested of its jurisdiction.
Section 59 of the Code of Criminal Procedure provides:
“ A court of special sessions, police court or city court of any city, town or village shall be divested of jurisdiction to proceed with the hearing and determination of…
2Cases cited8 opinions
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
- People v. O'KeefeNew York Court of Appeals · 1953
- People v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1953
- People Ex Rel. Steckler v. Warden of City PrisonNew York Court of Appeals · 1932
- People v. Rice Associates, Inc., New York County Courts1945
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. Callaway, New York County Courts1984
- People v. NizzaCriminal Court of the City of New York · 1977