SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 27, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JAMES FOWLKES, APPELLANT
Concur -- Stevens, J. P., Eager, Steuer and McNally, JJ.; Capozzoli, J., concurs.
Judgment unanimously affirmed.
Capozzoli, J., concurs in the following memorandum:
While defendant's plea may be technically attacked on the ground that he pleaded guilty to a crime which involved a family dispute and which should have been transferred to the Family Court in the first instance, such plea "should be sustained on the ground that it was sought by defendant and freely taken as part of a bargain which was struck for the defendant's benefit". (People v. Foster, 19 N.Y.2d 150, 154.) Surely the court below had jurisdiction over the counts in the indictment charging burglary first degree and possession of dangerous weapons without a referral to the Family Court.
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