People v. Leo

OPINION OF THE COURT

Brenda Soloff, J.

Two attempts to assert diplomatic immunity having proved unavailing, defendant moves for the third time to dismiss an information charging him with assault in the third degree (Penal Law, § 120.00) and resisting arrest (Penal Law, § 205.30). (See People v Leo, 95 Misc 2d 408, rearg den Jan. 24, 1979 [Ellerin, J.].)

*321This most recent assertion of immunity from prosecution is based on the position of defendant’s wife as an economic adviser with the Permanent Mission of Equatorial Guinea to the United Nations. Defendant claims that his wife’s position entitled…