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UNITED STATES EX REL. HERRINGTON v. MANCUSI

Nos. 657, 658, Dockets 33088, 33494.

415 F.2d 205 (1969)

UNITED STATES of America ex rel. Robert A. HERRINGTON, Petitioner-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Respondent-Appellee. UNITED STATES of America ex rel. Michael J. MARSHALL, Petitioner-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 25, 1969.

Attorney(s) appearing for the Case

Jeffrey E. Glen, New York City, for petitioners-appellants.

Robert S. Hammer, New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and TIMBERS, District Judge.

LUMBARD, Chief Judge:

Petitioners Robert Herrington and Michael Marshall, appealing from orders dismissing their habeas corpus petitions, claim that their criminal convictions in the New York Supreme Court for Monroe County were obtained in violation of due process, on the ground that under New York law, Family Court Act § 812, exclusive original jurisdiction over the intra-family "assaults" with which they were charged rested in the Family Court, and not in...

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