SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 30, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. ROY DOTY, APPELLANT,
ARTHUR E. KRUEGER, AS WARDEN OF THE NASSAU COUNTY JAIL, RESPONDENT
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Nassau County, entered December 18, 1968, which dismissed the writ. 58 Misc. 2d 428.
Beldock, P. J., Christ, Hopkins, Munder and Kleinfeld, JJ., concur.
We agree that proceedings concerning sodomy and sexual abuse, each in the first degree, committed between members of the same household, are not transferable to the Family Court pursuant to section 812 of the Family Court Act.
Judgment affirmed, without costs, on the opinion of the learned Justice at Special Term.
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