People v. Markidis

*117OPINION OF THE COURT

Melchor E. Castro, J.

Citing the holding in People v Wood (260 AD2d 102), the defendant moves to dismiss a misdemeanor information charging him with assault, third degree (Penal Law § 120.00 [1]), on the ground that disposition of an article 8 petition in Family Court based on the same transaction constitutes former jeopardy. For the reasons stated herein, the court denies the motion.

On or about January 23, 2000, a misdemeanor information, charging the defendant with intentionally causing physical injury to Lori Brady on that day, was filed in the Rochester City Court. A…