People v. Battaglia

Appellate Division of the Supreme Court of New York

People v. Battaglia

39 A.D.2d 833, 333 N.Y.S.2d 47, 1972 N.Y. App. Div. LEXIS 4515

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

DecidedMay 25, 1972

StatusPublished

This text of 39 A.D.2d 833 (People v. Battaglia) 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

People v. Battaglia, 39 A.D.2d 833, 333 N.Y.S.2d 47, 1972 N.Y. App. Div. LEXIS 4515 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment insofar as it convicts defendant of the crime of assault second degree unanimously reversed, on the law, and second count of the indictment dismissed, and judgment otherwise affirmed. Memorandum: It is clear, as conceded by the District Attorney, that all parties involved failed in their responsibility to have the assault charge transferred to the Family Court which had exclusive original jurisdiction. Pursuant to the mandate of section 812 of the Family Court Act, the conviction for assault second degree must be reversed (see People v. Johnson, 20 N Y 2d 220; People v. Pieters, 26 A D 2d 891; People v. De Jesus, 21 A D 2d 236). In 1965 appellant was sentenced by the Monroe County Court for an assault upon his wife to a term of two and one-half to five years, to be served concurrently with a term of 8 to 15 years for a related manslaughter charge. In the exercise of discretion and in the interest of justice, the second count of the indictment by which appellant is charged with assault, is dismissed. (Appeal from judgment of Monroe County Court convicting defendant of manslaughter, first degree and assault, second degree.) Present — Goldman, P. J., Marsh, Gabrielli, Moule and Cardamone, JJ.

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Judgment insofar as it convicts defendant of the crime of assault second degree unanimously reversed, on the law, and second count of the indictment dismissed, and judgment otherwise affirmed. Memorandum: It is clear, as conceded by the District Attorney, that all parties involved failed in their responsibility to have the assault charge transferred to the Family Court which had exclusive original jurisdiction. Pursuant to the mandate of section 812 of the Family Court Act, the conviction for assault second degree must be reversed (see People v. Johnson, 20 N Y 2d 220; People v. Pieters, 26 A D 2d 891; People v. De Jesus, 21 A D 2d 236). In 1965 appellant was sentenced by the Monroe County Court for an assault upon his wife to a term of two and one-half to five years, to be served concurrently with a term of 8 to 15 years for a related manslaughter charge. In the exercise of discretion and in the interest of justice, the second count of the indictment by which appellant is charged with assault, is dismissed. (Appeal from judgment of Monroe County Court convicting defendant of manslaughter, first degree and assault, second degree.) Present — Goldman, P. J., Marsh, Gabrielli, Moule and Cardamone, JJ.

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Bluebook (online)

39 A.D.2d 833, 333 N.Y.S.2d 47, 1972 N.Y. App. Div. LEXIS 4515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-battaglia-nyappdiv-1972.