People v. Ford

32 Misc. 3d 674
CourtNew York Supreme Court
DecidedJune 13, 2011
StatusPublished

This text of 32 Misc. 3d 674 (People v. Ford) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ford, 32 Misc. 3d 674 (N.Y. Super. Ct. 2011).

Opinion

OPINION OF THE COURT

Deborah A. Haendiges, J.

On January 18, 2011 the defendant was arraigned in Buffalo City Court on one count of harassment in the second degree pursuant to Penal Law § 240.26 (1) alleging an act of domestic violence by the defendant against the complainant. Thereafter, on January 26, 2011 the People declared their readiness for trial and defendant served motions on the Erie County District Attorney on February 1, 2011. While this Buffalo City Court action was pending, three petitions were simultaneously pending in Erie County Family Court between the defendant, complainant and a third family member concerning the custody of the defendant’s and complainant’s child. The pendency of these simultaneous criminal and Family Court matters with the underlying issue of domestic violence prompted a screening by this court, the Supreme Court Integrated Domestic Violence (hereinafter IDV) Part, located in Erie County.

After screening the pending matters this court determined that a transfer of this family’s cases to the IDV Part was appropriate by finding that said “transfer of the case to the Supreme Court would promote the administration of justice” pursuant to Rules of the Chief Administrator of the Courts for Integrated Domestic Violence Parts (22 NYCRR) § 141.4 (a) (2). By IDV transfer order dated March 24, 2011 this court then simultaneously transferred the defendant’s pending Buffalo [676]*676City Court violation-level matter and. the parties’ pending Family Court matters to the Supreme Court IDV Part and required the parties to appear before the court on April 6, 2011.

The defendant now moves for dismissal of the accusatory instrument pending against him that charges him with the sole count of harassment in the second degree pursuant to Penal Law § 240.26 (1), a violation-level matter or “petty offense,” that was transferred by this Supreme Court IDV Part from Buffalo City Court. Defendant asserts that Supreme Court lacks the requisite subject matter jurisdiction over that matter, citing Criminal Procedure Law § 170.35 (1) and § 170.30 (1) (a) and/or (f).

Defendant also argues that pursuant to CPL 10.20 petty offenses charged as a sole count in an accusatory instrument may not be tried in Supreme Court unless the offense is charged in an indictment, which also charges a crime.

The defendant further relies on the recent Court of Appeals decision in People v Correa (15 NY3d 213 [2010]) to support his dismissal request by arguing that the Court of Appeals in Correa was only confirming Supreme Court’s transfer authority to transfer to the IDV Part misdemeanor offenses that are being prosecuted by information only, rather than by indictment or Superior Court information pursuant to CPL 210.05. Defendant also claims that to construe the provisions of the Constitution of the State of New York, article VI (Judiciary), § 19 to grant transfer authority to the Supreme Court IDV Part to transfer a sole count of a violation level offense, as in the instant case, would support an “improper use of the Court’s resources” given the Supreme Court’s unarguable subject matter jurisdiction over “more serious offenses.” Although the facts of the IDV matter in Correa involved cases pending against the defendants that included both misdemeanor and violation level offenses rather than a sole count of a violation level offense, as is the case in the instant matter, the Court of Appeals’ analysis in Correa is also applicable here.

Transfer Authority of the Supreme Court IDV Part

It is well settled that the Chief Judge of the State of New York may “establish standards and administrative policies for general application throughout the state,” which shall be submitted to the Court of Appeals, together with the recommendations of the Administrative Board, and approved by the Court (NY Const, art VI, § 28 [c]). The Court of Appeals stated [677]*677that such a review prior to the implementation of a new administrative policy is “an indispensable component of the constitutional scheme” (People v Correa, 15 NY3d 213, 223 [2010]).

The Court of Appeals in Correa also pointed out that the Constitution of the State of New York, article VI, § 19 (a) specifically addresses the reassignment of cases to and from Supreme Court. “As may be provided by law, the supreme court may transfer to itself any action or proceeding originated or pending in another court within the judicial department other than the court of claims upon a finding that such a transfer will promote the administration of justice.” (15 NY3d at 223, quoting NY Const, art VI, § 19 [a].)

Judiciary Law § 211 (1) (a) also grants authority to the Chief Judge, in consultation with the Administrative Board and with the consent of the Court of Appeals, to “establish standards and administrative policies for general application to the unified court system throughout the state, including but not limited to standards and administrative policies relating to . . . transfer of judges and causes among the courts.”

Based upon this constitutional and legislative authority, the Chief Judge promulgated part 41 of the Rules of the Chief Judge on January 15, 2004 that created the “Integrated Domestic Violence Parts of Supreme Court” and granted the authority to the Supreme Court IDV Part to transfer “a domestic violence case” pending in a criminal court and a simultaneously pending civil family case pending in Supreme or Family Court involving the same parties or family for disposition in the Supreme Court IDV Part. (See 22 NYCRR part 41.)

For the same reasons the Court of Appeals held that the Supreme Court IDV Part had transfer authority concerning a misdemeanor charge prosecuted by information only in Correa, the IDV Part also has the constitutional authority to transfer to itself “any action or proceeding,” including a sole count of a violation level offense, within the court’s judicial department upon a finding that the “transfer will promote the administration of justice” pursuant to the Constitution of the State of New York, article VI, § 19. Said powers are “as provided by law,” the constitutional mandate, through the legislative authority of Judiciary Law § 211 (1) (a) and pursuant to the Rules of the Chief Judge, part 41. It is for these reasons and contrary to the defendant’s argument, that the provisions of CPL 210.05 are inapplicable to the Supreme Court IDV Part.

[678]*678It should be noted that the defendant also argues that a grant of transfer authority to the Supreme Court IDV Part to hear a sole count of a violation level offense prosecuted by information would be an “improper use of the Court’s resources” as the court should be exercising its authority over “more serious” offenses only. The straightforward language of part 41 of the Rules of the Chief Judge grants broad transfer authority to the IDV Part and does not limit the IDV Part’s transfer authority to only misdemeanor and felony level offenses. This rule applies to any “domestic violence case” pending in a criminal court as domestic violence cases inherently require serious review by the court, regardless of the level of the offense charged given the difficult nature of these matters, especially if the allegations contained in the accusatory instrument are ultimately proved beyond a reasonable doubt.

Subject Matter Jurisdiction

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Related

Pollicina v. Misericordia Hospital Medical Center
624 N.E.2d 974 (New York Court of Appeals, 1993)
People v. Correa
933 N.E.2d 705 (New York Court of Appeals, 2010)
In Re the Estate of Malloy
17 N.E.2d 108 (New York Court of Appeals, 1938)
People v. Darling
50 A.D.2d 1038 (Appellate Division of the Supreme Court of New York, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
32 Misc. 3d 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ford-nysupct-2011.