 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
[T] People v. Ventura5/6/2004
all misdemeanors committed within the county." § 2402 of such act transferred the jurisdiction of police justices of villages in Nassau County to the district court. This section further states that such village justices have jurisdiction "of violations of the ordinances and other regulations of the village and of 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 of motorcycle while in an intoxicated condition" (emphasis added). Thus, this legislation affirmatively removed the misdemeanor and driving while intoxicated jurisdiction of the village courts within Nassau County. This framework was continued in the Nassau County District Court Act enacted by chapter 274 of the Laws of 1939. Section 230 thereof also states that the district court would have original and exclusive jurisdiction of all misdemeanors within the county and concurrent jurisdiction of violations of the vehicle and traffic law concurrent with that of police justices, except in cases charging driving while intoxicated.
"The enabling acts of the Suffolk County District Court have no corresponding provisions which affirmatively remove the criminal jurisdiction of the village courts within the area of the District Court. Chapter 811 of the Laws of 1962 was the initial enabling act for the Suffolk County District Court. In § 3918 thereof, such district court is stated to have "jurisdiction of * * * All misdemeanors committed within the [judicial district]." No language is included that such jurisdiction is exclusive. Nor is there a separate section, as in the Nassau legislation, which affirmatively removed the criminal jurisdiction then exercised by the village courts within the district. On this basis, the village courts within the area of the Suffolk County District Court retained their misdemeanor jurisdiction even after creation of such court.
"Chapter 565 of the Laws of 1963 was the initial version of the Uniform District Court Act. In § 2001 thereof, the district court's jurisdiction of misdemeanors is stated to be "concurrent" with that of police justices, the descriptive term for judges of the village courts. The language of § 2001 has since been amended, as stated above, to reflect that the criminal jurisdiction of the district courts shall be as provided in the Criminal Procedure Law. Nevertheless, this act is important in evidencing the fact that, at this point, village courts within the area of the Suffolk County District Court were still viewed as having concurrent criminal jurisdiction with the District Court. Chapter 570 of the Laws of 1963 is in accord with this reasoning. It states in § 2501 that the criminal jurisdiction of the district court of Suffolk County shall be as set forth in the Uniform District Court Act. See People v. Salina, 64, Misc.2d 722, 315 N.Y.S.2d 356 (Suffolk Co. Dist.Ct., 1970); People v. Mulligan, 64 Misc.2d 143, 314 N.Y.S.2d 421 (Suffolk Co. Dist.Ct., 1970) (concurrent jurisdiction on DWI charges for village courts and the district court).
"This Court has reviewed the two court decisions cited by the defendant which deal with the issue of village court criminal jurisdiction. The Appellate Division, Second Department, in the case of People v. Lindsly, 99 A.D.2d 99, 472 N.Y.S.2d 115, lv. withdrawn, 62 N.Y.2d 987, 479 N.Y.S.2d 1041, 468 N.E.2d 309, held that the defendant's plea of guilty in village justice court to leaving the scene of an accident did not bar the prosecution in county court of the two felony indictment counts (namely, operating while under the influence of alcohol) that arose out of the same incident, on double jeopardy grounds. The court went on to explain that the el
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 New York DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|