People v. Fisher

OPINION OF THE COURT

Joseph A. DiSalvo, J.

Defendant moves this court for an order, pursuant to CPL 170.30 (1) (f), dismissing the charge of assault in the third *87degree on the ground that there exists a legal impediment to conviction. For the reasons set forth below, the motion is granted.

BACKGROUND

Complainant Kathie Smith executed a misdemeanor information on December 8, 1990, alleging that her former husband Arthur R. Fisher intentionally caused physical injury to her on December 8, 1990 at 6:10 p.m. in the Village of Hastings-on-Hudson, New York. The information charged Mr. Fisher with a…