PEOPLE v. FISHER


153 Misc.2d 86 (1991)

The People of the State of New York, Plaintiff, v. Arthur R. Fisher, Defendant.

Justice Court of Village of Hastings-on-Hudson, Westchester County.

December 31, 1991


Attorney(s) appearing for the Case

Ecker, Loehr & Ecker (Louis A. Ecker of counsel), for defendant. Carl A. Vergari, District Attorney (Christopher M. Shaw of counsel), for plaintiff.


JOSEPH A. DISALVO, J.

Defendant moves this court for an order, pursuant to CPL 170.30 (1) (f), dismissing the charge of assault in the third degree on the ground that there exists a legal impediment to conviction. For the reasons set forth below, the motion is granted.

BACKGROUND

Complainant Kathie Smith executed a misdemeanor information on December 8, 1990, alleging that her former husband...

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