People v. Nicometi

The primary issue on this appeal is whether lack of jurisdiction in a Court of Special Sessions can now be raised on appeal to this court from a judgment of conviction, where such an allegation was not specifically raised in appellant’s affidavit of errors or argued to the intermediate appellate court.

Appellant was charged with: (1) the misdemeanor of assault in the third degree (Penal Law, § 244, subd. 1); (2) the offense of disorderly conduct (Penal Law, § 722, subd. 2); and (3) the misdemeanor of resisting arrest (Penal Law, § 1825). Trial was had in the Justice’s Court of the Town of…