Ricapito v. People

William B. Brennan, Jr., J.

This proceeding under article 78 of the Civil Practice Act presents a problem of statutory construction. The statute to be construed is the Family Court Act (L. 1962, eh. 686), and the question presented is whether the new Family Court has exclusive jurisdiction over a first degree criminal assault case merely because the assault was allegedly committed by one spouse upon the other.

Petitioner was, on December 11, 1962, indicted by the Grand Jury for the crime of assault in the first degree in that “ defendant * * * with intent to kill, assaulted Carmela Bicapito, by…