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PEOPLE v. FERNANDEZ

2007-11742.

72 A.D.3d 303 (2010)

897 N.Y.S.2d 158

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOAO FERNANDEZ, Appellant.

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

Decided March 9, 2010.

Attorney(s) appearing for the Case

Steven Banks , New York City ( Martin M. Lucente of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove , Jodi L. Mandel and Tonya Kerry of counsel), for respondent.

MASTRO, J.P., FISHER and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

The principal issue presented on this appeal, which is one of first impression for this Court, is whether CPL 210.05 precludes the Integrated Domestic Violence (hereinafter IDV) Part of the Supreme Court from exercising its jurisdiction under the New York State Constitution to try misdemeanor charges against a defendant in the absence of an indictment or a superior court information...

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