People v. Brady

Defendant makes this motion for an order dismissing an assault in the third degree complaint brought by the wife against her husband. In support of this application, the defendant contends that the Family Court has exclusive original jurisdiction over an intrafamilial assault case, and that the District Court is therefore devoid of jurisdiction. As authority for his position, the defendant relies on People v. Johnson, decided by the Court of Appeals on July 7, 1967 (20 N Y 2d 220), which is the most recent pronouncement by the Court of Appeals on this subject.

The Johnson case stands for the…