People v. Durant

The defendant is charged with two counts of assault in the second degree under subdivision 3 of section 120.05 of the Penal Law.

He moves to dismiss the indictment pursuant to CPL 210.20 (subd 1, par [e]) upon the grounds that prosecution of the *732within indictment is barred by reason of a previous prosecution. The People oppose defendant’s motion.

For the purpose of the motion, the facts as set forth in defendant’s affidavit are not disputed and are the facts herein found by the court:

On December 24, 1975, the defendant and his wife were driving in their automobile. They were approximately two…