New York Supreme Court March 28, 1973 (Rice v. Cory)

Vito J. Titohe, J.

This is an article 78 proceeding wherein the petitioner seeks to stay a Family Court proceeding against him. The petition in that court alleges that on August 16, 1972 the petitioner (then 15 years of age) attacked and killed another 15-year-old. Had this offense been committed by an adult, it would have constituted the Class A felony of murder. (Penal *814Law, § 125.25.