Rochester City Court April 10, 2000 (People v. Markidis)

*117OPINION OF THE COURT

Melchor E. Castro, J.

Citing the holding in People v Wood (260 AD2d 102), the defendant moves to dismiss a misdemeanor information charging him with assault, third degree (Penal Law § 120.00 [1]), on the ground that disposition of an article 8 petition in Family Court based on the same transaction constitutes former jeopardy.