New York Court of Appeals

In the Matter of Daniel Vega v. Howard E. Bell, as Justice of the Supreme Court, Bronx County

July 9, 197947 N.Y.2d 543

Summary

The Court held that a juvenile offender may be indicted by a Grand Jury without first receiving a removal hearing in a local criminal court, that due process does not require such a hearing, and that superior criminal courts possess an implied power to remove a juvenile to Family Court over the District Attorney's objection after indictment. Accordingly, the petition for a writ of prohibition was denied and the Appellate Division's judgment was reversed.