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.