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[T] People v. Ventura5/6/2004
ferred
"All the powers, duties and jurisdiction of the justices of the peace in the several towns of the county are hereby transferred to the district court of the county and the judges thereof, and the office of the justice of the peace in the several towns of the county is abolished. All the powers, duties and jurisdiction of police justices of villages in the county, except as hereinafter provided, are hereby also transferred to the district court of the county and the judges thereof. The police justices of villages in the county shall have jurisdiction of violations of the ordinances and other regulations of the village and the violations of the vehicle and traffic law committed within the limits of the village, except in cases in which the charge is operating a motor vehicle or motor cycle while in an intoxicated condition." L.1936, C.879
Of considerable note is the fact that when Suffolk County amended its charter by a proposition in 1962, the Towns of Babylon, Brookhaven, Huntington, Islip and Smithtown became a part of the Suffolk County District Court system. The Uniform District Court Act became effective in those Towns on January 1, 1964, by virtue of § 2501 of the Suffolk County Charter, L. 1958, C. 278 as added by L. 1963, C. 570, § 3, effective January 1, 1964. When the District Court system was established in Suffolk County there was no abolishment of any Village courts; no transference of jurisdiction or power to the District Court from the Village Courts and it has been determined that the Suffolk County Village Courts have jurisdiction over misdemeanors.
The limits of jurisdiction for the Nassau Village Courts have been limited elsewhere. For example, the Police Justice of the Village of Rockville Centre, Nassau County, does not have jurisdiction of penal actions under §113 of the Agriculture and Markets Law since jurisdiction has been transferred to the District Court of Nassau County. 1965, Op. Atty. Gen. (Inf.) 94.
The founders of our country considered illegal searches and seizures of a residence to be important enough to include in the Bill of Rights of the United States Constitution. Certainly then, a Judge of this lowly court must pause and consider the prohibitions against illegal searches and seizures except in the case of probable cause. Had our Founders informed us of grammar's object of probable cause then this Court might not have to write this opinion. Probable cause, while not explained in the Constitutions of the United States or New York, has been interpreted to mean probable cause to believe that a crime has been committed. This Court has no jurisdiction over crimes. The Legislature in enacting the Uniform District Court Act has definitively, if not expressly, denuded Nassau County Village Courts of all jurisdiction over misdemeanors and felonies. If Village Courts of Nassau County believe that they should have jurisdiction over crimes then they will need to convince the State Legislature of that fact. They cannot simply arrogate jurisdictional powers to themselves where none exist by statute. Indeed, the Legislature in enacting the Uniform District Court Act has expressly stated that Village Courts of Nassau County shall not have jurisdiction over vehicle and traffic matters that are misdemeanors such as V.T.L. §1192 charges of Driving While Intoxicated. Village Courts of Nassau are not courts of record and they are unable to conduct jury trials as provided for by the Constitution of the State of New York in the case of Class A misdemeanors.
The Village Law of the State of New York as amended in 1985 provides:
§ 20-2006. Violation of Ordinances
1-a. A violation of a zoning ordinance adopted
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