People v. Kimlingen

OPINION OF THE COURT

Zelda Jonas, J.

Defendant’s motion to dismiss the accusatory instrument which charges the defendant with violation of Penal Law § 240.25 (2) (harassment) and § 240.30 (2) (aggravated harassment) on the ground that the complainant elected the Family Court to adjudicate these offenses against defendant is hereby denied.

The court finds that the complainant did not, under the existing law, finally elect either forum to proceed against the defendant herein.

The defendant posits his argument to dismiss the District Court information, the accusatory instrument filed herein, upon…