People v. Warner

OPINION OF THE COURT

Patricia D. Marks, J.

This is a decision on a motion to dismiss pursuant to CPL 530.11, Family Court Act § 812 and Judiciary Law § 216.

This decision addresses a unique issue of law where the charge for which the defendant was indicted constitutes a family offense matter within the meaning of the foregoing sections of law. However, the original charge was not a family offense within the meaning of the law.

*1063The facts are as follows: On May 20, 1989, the defendant, Theresa Warner, and her husband, Michael Warner, began drinking early in the day. They later went to visit a…