People v. Caltabiano

In People v. Caltabiano, 154 Misc.2d 860 (Village of Lindenhurst, Justice Court, Suff. Co., 1992), Associate Justice Perry S. Reich saw the issue somewhat differently than Justice Kunken but determined that his Village Court did not have subject matter jurisdiction over an aggravated unlicensed operation in the second degree charge, a misdemeanor. Associate Justice Reich noted that the defendant would have the right to assigned counsel, if she was unable to afford an attorney and that the case should be transferred to the District Court. The Court reasoned: "Inasmuch as this court is situated within the Second District of the Suffolk County District Court it does not possess general criminal jurisdiction over misdemeanors through the Uniform Justice Court Act (UJCA 2300 [d][2]; People v. Lindsly, 99 A.D.2d 99, 103, 472 N.Y.S.2d 115 [2d Dept.] [Titone, J.P.], lv. withdrawn, 62 N.Y.2d 987, 468 N.E.2d 309, 479 N.Y.S.2d 1041, 479 N.Y.S.2d 1041, 468 N.E.2d 309). Examination of the act creating and the act regulating the Suffolk County District Court (see, UJCA 2300[d][2]) indicates that this court has jurisdiction of only village ordinance violations and offenses that constitute traffic infractions as defined in Vehicle & Traffic Law 155, and, even then, does not have jurisdiction over cases where the charge involves driving while in an intoxicated condition. (People v. Lindsly, supra 99 A.D.2d at 103, 472 N.Y.S.2d 115). "Although it is thus clear that the court does not have jurisdiction over the simplified information charging a misdemeanor, the question remains whether the court may transfer the proceeding to the District Court, or whether the information must be dismissed, and, if the transfer is ordered, whether the traffic infractions should be transferred as well. The answer is far from clear."