Nuernberger v. State

41 N.Y.2d 111 (1976)

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Nature of the Case

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Facts

Nuernberger (D) was indicted for incest, assault with intent to commit incest, and impairing the morals of a minor. D was convicted of the assault and the impairment charges by a jury in a trial in the Erie County Court. D appealed, and the appeals court confirmed. Reversal was eventually required because the Family Court Act had exclusive original jurisdiction over acts that would constitute an assault between parent and child. Three months after release by the Family Court, D sued in the Court of Claims for his illegal imprisonment from April 14, 1967, until July 17, 1969.