New York Criminal Lawyer Blog
A man was charged on one count of harassment in the second degree alleging an act of domestic violence against the complainant. Consequently, the man served an action on the district attorney while the court action was pending. The three petitions were concurrently pending in the family court between the man, the complainant and a third family member concerning the custody of the man and complainant’s child. The pending decision of the criminal and family court matters with the underlying issue prompted a screening by the Supreme Court and its integrated domestic violence (IDV) part in the county. After the screening, the court determined that the transfer of the family’s cases to the IDV was appropriate by finding that it would promote the administration of justice.
The man moved for dismissal of the charged on one count of harassment in the second degree alleging an act of domestic cruelty against him and asserts that Supreme Court lacks an essential subject matter authority citing criminal procedure law. A New York Criminal Lawyer said the man also argued that irrelevant offenses charged as a sole count in a legal document may not be tried in the Supreme Court unless the offense is charged in an allegation that also charges a crime. The man further relies on the recent Court of Appeal’s decision that supports his dismissal request.
The man also claims that to understand the provisions of the constitution to grant the transfer of authority to the Supreme Court IDV part and to transfer a sole count of a violation level offense would support an improper use of the court’s resources and gives the court’s unarguable subject matter authority over more serious offenses.
The court stated that the article in the constitution provides that the Supreme Court shall have general original authority in law, equity and the immense geographical authority power of the court. A Long Island Criminal Lawyer said it has been characterized as original, unlimited and unqualified. It is well settled that the chief judge may institute standards and administrative policies for general application, which shall be submitted to the Court of Appeals together with the recommendations of the administrative board approved by the court.
Based on records, the Supreme Court IDV part possesses the power to transfer domestic cruelty matters to itself from a criminal court to promote the interests of justice. Further, once the matters have been transferred to the IDV part, the court then possesses the subject matter authority to hear all matters transferred by that same constitutional authority and the authority presented upon the Supreme Court in accordance to the constitution. The Supreme Court IDV part’s authority to hear and dispose of domestic cruelty matters most certainly includes stand alone violation level offences that are transferred into the IDV part by the issuance of a Supreme Court IDV part transfer order. A New York City Criminal Lawyer said the determination that the provisions of the criminal procedure law remove the Supreme Court of its power to dismiss or try irrelevant offenses and a determination that the procedure law requires that a local court has exclusive authority over a violation level offense, would render the provisions of the law unconstitutional and void. Such a determination would be inconsistent with the delegation of authority to the Supreme Court by the constitution and the intent of the rules of the chief judge.
The court determines that the Supreme Court integrated domestic violence part has the authority to transfer a sole count of a violation level offense charged in information to the Supreme Court IDV part. The Supreme Court has the essential subject matter authority to dismiss or try the matter. Consequently, the man’s motion to dismiss the charged on one count of harassment in the second degree alleging an act of domestic cruelty is accordingly denied.
Different individual do have their own insights and sometimes those differences can turn out into violence. If you suffered cruelty against your partner and you want to take an immediate legal action, you can call our New York Domestic Violence Attorneys to fight with you. If someone made unlawful actions against you or a family member, feel free to ask guidance from our NY Criminal Attorneys at Stephen Bilkis & Associates.