People v. Stevens

*408OPINION OF THE COURT

Frank M. Klinger, J.

This case presents some unique questions of law pertaining to the recently enacted CPL 530.12 (8) and (11).

In this case, the defendant was arraigned on April 8, 1986 on two serious charges, the felony of burglary in the second degree and also assault in the third degree. It was alleged that the defendant, armed with a baseball bat, unlawfully entered the residence of his wife Carolyn Stevens who allegedly had an order of protection from Family Court, broke the door open and choked and physically assaulted one Edward J. Scruton who was then and there…