People v. Mulligan

The defendant was served with a summons for driving while intoxicated in the Village of Bright-waters. The summons was made returnable in the Police Justice Court of Brightwaters. However, the information was filed in the District Court, where the action is now pending. The defendant is moving to dismiss claiming that the District Court lacks jurisdiction over misdemeanors committed in a village, which has a Police Justice Court. He bases this claim on section 182 of the Village Law which gives the Police Justice Courts exclusive jurisdiction over misdemeanors committed within the village.…