People v. Spagna

OPINION OF THE COURT

Stanley Gartenstein, J.

In this prosecution, the court is called upon to extend by interpolation a procedural remedy now available by virtue of judicial stare decisis in felony prosecutions in the court of *2superior criminal jurisdiction to their transitional phases within a local criminal court (in this instance, the New York City Criminal Court). We hold as a matter of law that a prepleading investigation is available in a local criminal court in a felony matter whose ultimate disposition will necessarily fall exclusively within the jurisdiction of a superior criminal…