People v. Harkins

This is a motion brought by the defendant to dismiss the instant indictment, and to transfer the proceedings to the Erie County Family Court. The defendant asserts that under sections 812 and 813 of the Family Court Act, the Erie County Grand Jury had no authority to indict since the charges concerned an assault between members of the same family.

Under the Family Court Act, the Family Court has exclusive original jurisdiction over any proceeding involving acts which constitute disorderly conduct or assault between spouses, members of the same family, or the same household. (People v. De…