Michelson v. Clyne

Appellate Division of the Supreme Court of New York

Michelson v. Clyne

84 A.D.2d 883, 444 N.Y.S.2d 331, 1981 N.Y. App. Div. LEXIS 16137

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 24, 1981

StatusPublished

Cited by2 cases

This text of 84 A.D.2d 883 (Michelson v. Clyne) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michelson v. Clyne, 84 A.D.2d 883, 444 N.Y.S.2d 331, 1981 N.Y. App. Div. LEXIS 16137 (N.Y. Ct. App. 1981).

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Opinion

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition granted, without costs. A superior court Judge, even when sitting as a local criminal court, has no trial jurisdiction of a violation (CPL 10.30, subd 3). A superior court Judge is limited to preliminary jurisdiction in such a situation (CPL 10.20, subd 2). In our view, a suppression hearing falls within the term trial jurisdiction (see CPL 1.20, subds 24, 25; cf. CPL 170.15, 710.50) which, in the case of a violation, is lodged exclusively in the local criminal court (CPL 10.30, subd 1, par [a]). Therefore, the respondent County Court Judge is without jurisdiction to preside at the hearing to be held on petitioners’ motion to suppress. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

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Application, pursuant to CPLR article 78, for judgment in the nature of prohibition granted, without costs. A superior court Judge, even when sitting as a local criminal court, has no trial jurisdiction of a violation (CPL 10.30, subd 3). A superior court Judge is limited to preliminary jurisdiction in such a situation (CPL 10.20, subd 2). In our view, a suppression hearing falls within the term trial jurisdiction (see CPL 1.20, subds 24, 25; cf. CPL 170.15, 710.50) which, in the case of a violation, is lodged exclusively in the local criminal court (CPL 10.30, subd 1, par [a]). Therefore, the respondent County Court Judge is without jurisdiction to preside at the hearing to be held on petitioners’ motion to suppress. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

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Bluebook (online)

84 A.D.2d 883, 444 N.Y.S.2d 331, 1981 N.Y. App. Div. LEXIS 16137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelson-v-clyne-nyappdiv-1981.

Opinion

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