MTR. OF LURIE v. DIST. ATTORNEY


56 Misc.2d 68 (1968)

In the Matter of Ellen Lurie et al., Petitioners, v. District Attorney of Kings County, Respondent.

Supreme Court, Special Term, Kings County.

February 27, 1968


Attorney(s) appearing for the Case

John E. Silverberg, Norman B. Johnson, Samuel D. Wright, Abraham Rostoker, Abraham Gerges, Cesar H. Quinones, Lester Evens, Sidney L. Aronson and Budd G. Goodman for petitioners. Louis J. Lefkowitz, Attorney-General (Mark T. Walsh of counsel), for Criminal Court of City of New York, respondent. Aaron E. Koota, as District Attorney, respondent in person, and Stanley M. Meyer for Aaron E. Koota, District Attorney of Kings County, respondent.


NATHAN R. SOBEL, J.

There is raised in this prohibition proceeding an issue of jurisdiction "of the person" in criminal proceedings which has troubled all courts for many years.

In order that an offense may be prosecuted and judgment given, it is necessary that the court have jurisdiction both of the subject matter and of the person. Jurisdiction of the subject matter is derived from statute; it...

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