144 A.D.3d 477
N.Y. App. Div.
2016

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v TAMIRA MOBLEY, Respondent.

Supreme Court, Appellate Division, First Department, New York

November 15, 2016

40 NYS3d 426

Thomas Farber, J.

Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about April 7, 2015, which granted defendant‘s motion to dismiss the first and fourth counts of the indictment charging her with assault in the first degree, unanimously affirmed.

Defendant, who does not hold a medical license, performed bodily “enhancement” procedures on two persons. The first procedure resulted in serious physical injury to the victim; the second procedure resulted in the victim‘s death. Defendant was charged with two counts of the unauthorized practice of medicine (Education Law § 6512 [1]) and two counts of first-degree assault (Penal Law § 120.10 [4] [felony assault]). The felony assault counts were predicated upon the theory that the victims’ injuries were caused in the course of the commission of the felony of unauthorized practice of medicine. In addition, defendant was charged with one count of manslaughter in the second degree and one count of second-degree assault.

Supreme Court dismissed the two charges of felony assault,