PEOPLE v. PEREZ


109 Misc.2d 291 (1981)

The People of the State of New York, Plaintiff, v. Jose Perez, Defendant.

Criminal Court of the City of New York, New York County.

June 15, 1981


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Rafael Diaz of counsel), for plaintiff. Robert Leighton for defendant.


STANLEY GARTENSTEIN, J.

We have no choice but to hold herein that a battered spouse, who has validly exercised her* statutory election to prosecute an assault in the criminal courts as opposed to the Family Court, may nevertheless be nonsuited in the court validly elected by virtue of her own subsequent legally inconsistent act. The very nature of this holding again underscores the continuing truism that battered spouses often...

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