People v. Ostrander

Defendant, Marjorie Ostrander, is charged by indictment dated August 27, 1968, with the crime of *384assault in the first degree, wherein it is alleged that the above-named defendant on August 13, 1968 assaulted Delos Edward Rifenburgh, by stabbing him in the chest. The defendant makes this application for a dismissal of the indictment and an order transferring the case to the Family Court of Dutchess County, under section 813 of the Family Court Act for a determination under article 8 of the act.

It is well settled that assault, simple or felonious, ‘ ‘ between spouses or between parent and child…