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MATTER OF MICHELSON v. CLYNE

84 A.D.2d 883 (1981)

In the Matter of Vera Michelson et al., Petitioners, v. John Clyne et al., Respondents

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

November 24, 1981

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition granted, without costs.

A superior court Judge, even when sitting as a local criminal court, has no trial jurisdiction of a violation (CPL 10.30, subd 3). A superior court Judge is limited to preliminary jurisdiction in such a situation (CPL 10.20, subd 2). In our view, a suppression hearing falls within the term trial jurisdiction (see CPL 1.20, subds 24, 25; cf. CPL 170.15, 710.50...

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