People v. Morris

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with two counts of assault in the third degree (Penal Law § 120.00 [1], [2]), and one count each of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]), harassment in the second degree (Penal Law § 240.26 [1]) and criminal mischief in the fourth degree (Penal Law § 145.00 [4]), moved to dismiss the assault counts. On June 12, 2014, the court orally denied the motion.1 This decision explains the court’s reasoning.

This case presents two frequently occurring issues: (1) whether, and to what extent, a domestic…