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MTR. OF VERGARA v. CRIM. CT., N. Y.

59 Misc.2d 134 (1969)

In the Matter of Abraham Vergara, Petitioner, v. Criminal Court of the City of New York, Youth Offenses Part III, et al., Respondents.

Supreme Court, Criminal Term, Kings County.

March 10, 1969

Attorney(s) appearing for the Case

Cesar A. Perales and Arnold Rothbaum for petitioner. Eugene Gold, District Attorney, in person (William I. Siegel of counsel), for respondents.

VINCENT D. DAMIANI, J.

In this article 78 proceeding the petitioner, a 16-year-old junior high school student seeks an order prohibiting the respondents Criminal Court of the City of New York and the District Attorney of Kings County from trying him on a charge of assault in the third degree made by a teacher on the ground that the said court is without jurisdiction and the proceeding against him must be originated in the Family Court.

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