In People v. Fernandez (2d Dept. 3/9/2010) (Leventhal, P.J.), the Second Department held that the Integrated Domestic Violence (IDV) part of Supreme Court had jurisdiction to hear the defendant's misdemeanor case. The court upheld the Chief Judge and Chief Administrator's authority to transfer cases to the IDV Part. In so holding, the court parted ways with the First Department's recent decision in People v. Correa (1st Dept. 2/23/2010), which in effect declared the Bronx Criminal Division unconstitutional.
First, the court noted that Supreme Court shares concurrent jurisdiction over misdemeanors with local criminal courts. Supreme Court also has the authority to divest local criminal courts of jurisdiction over misdemeanors. The administrative transfer of cases from local criminal courts to superior courts is in turn authorized by the New York Constitution, which provides for the Chief Judge to establish "standards and administrative policies for general application throughout the state." The Legislature has also vested the Chief Judge with the power to transfer cases. The court rejected the defendant's argument that CPL § 210.05 compels a different result. That procedural statute deals with the prosecutor's ability to invoke the jurisdiction of the superior court. It does not affect the superior court's inherent jurisdiction and authority.
In addressing Correa, the court held,
We note that the establishment of the IDV Parts, unlike the establishment of the BCD, does not involve any purported "collapse" or "eviscerat[ion]" (id. at *2) of any other constitutionally created court. However, insofar as the First Department's holding in People v Correa can be read to support the proposition that the Chief Judge and Chief Administrative Judge are without authority to create the IDV Part, wherein the Supreme Court exercises jurisdiction over non-indicted misdemeanors, we respectfully disagree.
(LC).
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