Legal Opinion
Murphy v. Kelley
Appellate Division of the Supreme Court of the State of New York
Decided January 30, 1986PublishedCited by 2 opinions
1Opinion of the Court
— Harvey, J.
Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered July 10, 1985 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to consent to the removal of the criminal action against petitioner to the Family Court of Clinton County and/or to declare CPL 210.43 (1) (b) unconstitutional.
Petitioner, indicted by a Clinton County Grand Jury on alternate counts of intentional and reckless murder in the second degree, was 13 years of age at the time of the indictment. By omnibus motion argued…
2Cases cited5 opinions
- Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- Butts v. Justices of the Court of Special SessionsAppellate Division of the Supreme Court of the State of New York · 1971
- Butts v. Justices of the Court of Special SessionsNew York Court of Appeals · 1971
- Lee v. CoombesAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by2 opinions
- Bytner v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1995
- Dayton v. CampbellAppellate Division of the Supreme Court of the State of New York · 2009