Judge Michelle Armstrong
Amen moved to dismiss an accusatory instrument charging him with criminal conduct. He argued the court lacked in personam jurisdiction over him, alleging he was a member of the “Moorish American Nation.” The court noted this challenge by self-identified members of the Moorish American Nation had previously been raised in both state and federal courts but consistently rejected. It stated the court’s authority to adjudicate the pending action was clearly set forth in the New York State Constitution providing that the courts of New York City had jurisdiction over crimes and other violations of law, except those prosecuted by indictment. The court further stated the Criminal Court Act proscribed that judges of the Criminal Court had jurisdiction to hear, try and determine misdemeanor crimes or lesser offenses committed within New York City. Therefore, it concluded in personam jurisdiction was conferred upon Amen by his presence within the city’s borders, not by his status or non-status as a United States citizen. Accordingly, the court ruled it had jurisdiction over Amen and the criminal offenses charged in the accusatory instrument, all of which Amen was alleged to have committed in Queens. The motion to dismiss was denied.
