VEGA v. BELL


67 A.D.2d 420 (1979)

In the Matter of Daniel Vega, Petitioner, v. Howard E. Bell, as Justice of The Supreme Court, Bronx County, et al., Respondents

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

April 19, 1979


Attorney(s) appearing for the Case

Daniel Nobel of counsel (Barbara Salken with him on the brief; Leon Polsky, attorney), for petitioner.

Alan D. Marrus of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney), for respondent.

MURPHY, P. J., and ROSS, J., concur with BLOOM, J.; LANE and SILVERMAN, JJ., dissent in an opinion by LANE, J.


BLOOM, J.

This original application for a writ of prohibition arises out of the new law (L 1978, ch 481), imposing criminal responsibility on juvenile offenders for certain crimes. Sodomy in the first degree is one such crime (Penal Law, § 30.00, subd 2).

Petitioner, a 15-year-old juvenile offender (Penal Law, § 10.00, subd 18), stands indicted on four counts of sodomy in the first degree. He...

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