People v. Reuscher

*161FACTS

The defendant has moved, pursuant to CPL 210.20 (subd 1, par [h]) for an order dismissing the indictment which charges him with burglary in the second degree (Penal Law, § 140.25) and assault in the third degree (Penal Law, § 120.00), both allegedly committed March 21, 1975 against his wife. The basis for the motion is lack of jurisdiction of this court.

Notwithstanding the general jurisdiction conferred upon the Supreme Court by section 7 of article VI of the New York State Constitution, defendant presents a fact situation which merits consideration. The facts in this case, which are…