Robert Nuernberger v. State New York

[41 N.Y.2d 111 Page 112] Claimant, once convicted and imprisoned for assault arising from alleged incest with his 11-year-old daughter, sues the State for damages for wrongful imprisonment. He claims not innocence, but that he is entitled to damages because the County Court, which tried him, lacked jurisdiction to prosecute the assault unless the Family Court had first considered and transferred the matter to the County Court. The Appellate Division has twice held that claimant is entitled to damages for the reason assigned by him. The State appeals.