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MATTER OF VERGARA v. CRIMINAL COURT OF THE CITY OF NEW YORK, YOUTH OFFENSES PART III

32 A.D.2d 838 (1969)

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

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

June 30, 1969

We agree that the acts of the 16-year-old junior high school student in assaulting a teacher do not constitute mere school delinquency which falls within the exclusive jurisdiction of the Family Court pursuant to sections 3214 and 3232 of the Education Law. Jurisdiction for the disposition of the assault in the third degree charge lies properly in the Criminal Court of the City...

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