People v. Falzone

OPINION OF THE COURT

Joseph S. Silverman, J.

The defendant is charged with the crimes of assault in the third degree and criminal possession of a weapon in the fourth degree. He moves to dismiss these charges pursuant to CPL 530.11 (2) (e) on the ground that the court lacks jurisdiction because the complainant wife initiated an action originally in Family Court involving the same incident.

The information herein charges that on May 14, 1988 at approximately 8:00 p.m. at Fifth Avenue and 68th Street in the County of Kings the defendant did strike his wife, Alice Falzone, with a metal pipe causing…