PEOPLE v. BATTAGLIA


39 A.D.2d 833 (1972)

The People of the State of New York, Respondent, v. Bruno Battaglia, Appellant

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

May 25, 1972


Judgment insofar as it convicts defendant of the crime of assault second degree unanimously reversed, on the law, and second count of the indictment dismissed, and judgment otherwise affirmed.

Memorandum:

It is clear, as conceded by the District Attorney, that all parties involved failed in their responsibility to have the assault charge transferred to the Family Court which had exclusive original jurisdiction. Pursuant to the mandate of section 812 of the...

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