Criminal Court of the City of New York November 16, 2001 (People v. Flores)

OPINION OF THE COURT

Robert M. Raciti, J.

Defendant is accused of assault in the third degree (Penal Law § 120.00 [1]) and harassment in the second degree (Penal *666Law § 240.26 [1]). A bench trial commenced on October 15, 2001. At the close of the People’s case, defendant moved for a trial order of dismissal (CPL 290.