People v. Mazza

This is an appeal from an intermediate order of the Utica City Court (Matthew S. Ogonowski, J.) dated June 1, 1964 denying a motion to disqualify and prevent the District Attorney or any members of his staff from appearing and prosecuting the defendant on a misdemeanor charge in the City Court of Utica.

The defendant contends that the Utica City Court Act in sections 33 and 34 specifically prohibit the District Attorney from prosecuting a defendant on a misdemeanor charge in the said City Court and that this presents a question of jurisdiction.

Section 33 provides that it shall be the duty of…