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PEOPLE v. DAVIS

27 A.D.2d 299 (1967)

The People of the State of New York, Respondent, v. George Davis, Appellant

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

April 6, 1967.

Attorney(s) appearing for the Case

Nathan Dershowitz of counsel (William E. Hellerstein with him on the brief; Anthony F. Marra, attorney), for appellant.

Peter R. DeFilippi of counsel (Isidore Dollinger, District Attorney), for respondent.

STEVENS, J., concurs with BOTEIN, P.J.; WITMER, J., concurs in concurring opinion; CAPOZZOLI and McNALLY, JJ., dissent in opinion.

BOTEIN, P. J.

Defendant has been indicted by the Grand Jury of Bronx County for crimes allegedly committed against his infant son, namely, assault in the second degree (Penal Law, § 242), and endangering the life or health of a child (§ 483). On the ground that jurisdiction lay in the Family Court, and not in the Supreme Court, defendant moved that the matter...

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