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People v. Lewis

279 N.E.2d 856, 29 N.Y.2d 923, 329 N.Y.S.2d 100, 1972 N.Y. LEXIS 1563
CourtNew York Court of Appeals
DecidedJanuary 13, 1972
StatusPublished
Cited by17 cases

This text of 279 N.E.2d 856 (People v. Lewis) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lewis, 279 N.E.2d 856, 29 N.Y.2d 923, 329 N.Y.S.2d 100, 1972 N.Y. LEXIS 1563 (N.Y. 1972).

Opinions

Per Curiam.

Reaching the issue, left open by our decision in People v. Nuernberger (25 N Y 2d 179, 182), whether incest is an act within the exclusive original jurisdiction of the Family Court conferred by sections 812 and 813 of the Family Court Act, we" conclude that it is not. . Neither the original enactment of section 812 specifying disorderly conduct and assault nor its subsequent amendment to include acts which would constitute harassment, menacing, reckless endangerment and attempted assault (L. 1969, ch. 736), purport to include incest, which, thus, under the familiar rule of construction, will be deemed excluded‘(McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 240). Neither do we find that act within its intendment (see People v. Fuentes, 51 Misc. 2d 354, 357; People ex rel. Doty v. Krueger, 58 Misc 2d 428, affd. 32 A D 2d 845, app. dsmd. 26 N Y 2d 881).

The order appealed from should be affirmed.

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Bluebook (online)
279 N.E.2d 856, 29 N.Y.2d 923, 329 N.Y.S.2d 100, 1972 N.Y. LEXIS 1563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-ny-1972.