FACTS
The defendant has moved, pursuant to CPL 210.20 (subd 1, par [h]) for an order dismissing the indictment which charges him with burglary in the second degree (Penal Law, § 140.25) and assault in the third degree (Penal Law, § 120.00), both allegedly committed March 21, 1975 against his wife. The basis for the motion is lack of jurisdiction of this court.
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