People v. De Jesus

The defendant was indicted by a Chautauqua County Grand Jury for assault in the second degree, the indictment alleging that he assaulted Lydia De Jesus by cutting her face with a razor blade. It is not disputed that at the time of the assault Lydia was the wife of the defendant. Upon arraignment under the indictment in County Court the defendant moved for an order transferring the proceeding to Family Court. That motion was granted, and the proceeding was transferred.

The District Attorney now seeks to appeal to this court urging that: (1) Family Court has no felony jurisdiction; (2) County…