People v. Williams

OPINION OF THE COURT

Luther V. Dye, J.

The defendant herein moves to dismiss the accusatory instrument which charges him with violations of Penal Law § 120.00, assault in the third degree, and section 240.25, harassment. The defendant contends that an irrevocable election was made by the complainant, to adjudicate these offenses in Family Court. The complainant, Annis Williams, is the wife of the defendant.

The factual background is as follows;

On February 6, 1989, the complainant filed a Family Court *448petition, pursuant to Family Court Act article 8, in the Family Court, Queens County, docket…