People v. Daniel T.

OPINION OF THE COURT

Stanley Gartenstein, J.

The within prosecution calls attention to the fact that a recurring problem which the Legislature refuses to address in *640a meaningful manner will not disappear simply because the adjective provisions surrounding it are amended.

Defendant stands charged by his mother, the complainant herein, with the crimes of assault in the third degree (Penal Law, § 120.00) and possession of a dangerous weapon (Penal Law, § 265.01). It is alleged that on or about June 3, 1978, at the home of the parties, defendant menaced his mother with what appeared to be a pistol…