Vergara v. Criminal Court
New York Supreme Court
1Opinion of the CourtVincent D. Damiani, J.
In this article 78 proceeding the petitioner, a 16-year-old junior high school student seeks an order prohibiting the respondents Criminal Court of the City of New York and the District Attorney of Kings County from trying him on a charge of assault in the third degree made by a teacher on the ground that the said court is without jurisdiction and the proceeding against him must be originated in the Family Court.
This court makes no determination as to the facts and the District Attorney concedes that the issue involved is one of law. By way of background, it appears that the teacher, at the…
2Cases cited10 opinions
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Murtagh v. LeibowitzNew York Court of Appeals · 1951
- People Ex Rel. Childs v. Extraordinary Trial Term of the Supreme CourtNew York Court of Appeals · 1920
- Burns v. BurnsNew York City Family Court · 1967
- People v. KellerNew York District Court · 1962
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3Cited by2 opinions
- Milonas v. SchwalbNew York Supreme Court · 1971
- In re Andrew N.New York City Family Court · 1977