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[T] People v. Ventura5/6/2004
ambiguity in the law concerning this Court's power, if any, to sign search warrants, the role of this Court must be clarified and defined by looking to the letter of existing law and where there are vagaries or omissions, to interpret the intentions of our Founders and lawmakers as best it can.
The Constitution of the State of New York specifies the jurisdiction of Village Justice Courts. Art. 6, §17(a). The Village Justice Courts play a vital role in the criminal justice system. People v. Howland, 155 N.Y. 270, 49 N.E. 775 (1898). However, Village Courts of Nassau County do not, in this Court's opinion, have jurisdiction over felonies or misdemeanors. People v. Nicometi, 12 N.Y.2d 428, 240 N.Y.S.2d 589, 191 N.E.2d 79 (1963) and People v. Brodlowicz, 182 Misc. 351, 48 N.Y.S.2d 86 (1944).
This Court cannot feasibly comply with the State Constitution's requirements for trials by jury in criminal cases. We have no facilities for jurors or jury trials. New York State Constitution, Art. 1, §2. Moreover, there is no constitutional right to a trial by jury in the case of petty offenses and violations. People v. Bellings, 269 N.Y.265, 199 N.E. 213 (1935); Gold v. Gartenstein, 100 Misc.2d 253, 418 N.Y.S.2d 852; People v. Wayman, 82 Misc.2d 959, 371 N.Y.S.2d 791 (1975) and Fricia v. Crowe, 71 Misc.2d 79, 335 N.Y.S.2d 453 (1972). The charge in this case is an alleged violation of our building code and is not and cannot be an unclassified misdemeanor. The defendants here are not entitled to a jury trial. People v. Bonnerwith, 69 Misc.2d 516, 330 N.Y.S.2d 248 (1972). Nonetheless, it would appear that the search warrant in this case was applied for with the averment having been implicitly made that a crime has been committed. Crimes are misdemeanors and felonies. Penal Law §55.10. Ordinarily, an offense carrying with it a potential term of imprisonment of more than fifteen days, but less than one year is deemed to be an unclassified misdemeanor. P.L. §55.10(2)(c). We have had such offenses within our Code where sentences, for example, may rachet up, in theory, to six months. Yet, merely because the potential sentence is greater than that for a violation, to wit: fifteen days, does not mean that the local law becomes a misdemeanor. It does not.
There are some who believe that Nassau County Village Justice Courts have jurisdiction over misdemeanors. For example, my distinguished colleague from the Village of Valley Stream, Hon. Robert Bogle has long held the legal view that we do have jurisdiction over misdemeanors because, he says, nowhere does it say that Village Courts do not have such jurisdiction. I respectfully disagree with my learned friend, finding no constitutional or statutory authority or enabling legislation for that position. If there is an omission of statutory power it is not an opportunity to arrogate jurisdiction over misdemeanors. The powers and jurisdiction of Village Courts is established by the Legislature and not by individual villages or judges therein deciding what the scope of their power shall be.
It is very clear that Village Justice Courts in Nassau County have no subject matter jurisdiction over any misdemeanors. In 1994 my distinguished colleague from the Village of Huntington Bay, Suffolk County poignantly analyzed the scope of jurisdiction for the Village Courts in Nassau and Suffolk Counties. In People v. Matthew J. Beach, 161 Misc.2d 185, 613 N.Y.S.2d 552 (1994), Justice Stephen Kunken held:
"Chapter 879 of the Laws of 1936 was the first act passed enabling the establishment of the Nassau County District Court. Section 2427 of this act provided that the Nassau County District Court would have "original and exclusive jurisdiction of * * *
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