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MATTER OF RICAPITO v. PEOPLE

20 A.D.2d 567 (1963)

In the Matter of Frank Ricapito, Appellant, v. The People of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 23, 1963

Order affirmed, without costs.

This proceeding has a dual purpose. It is in the nature of prohibition to prevent the respondents from proceeding with the criminal prosecution in the Nassau County Court of the pending indictment against petitioner for his (first degree) assault upon his wife. It is also in the nature of mandamus to compel the transfer of the pending criminal action against petitioner from the County Court to the new Family Court (N. Y. Const., art...

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