In People v. Opris (161 Misc. 2d 415 [1994]), a defendant was charged with violating Penal Law 220.45. Defendant filed a motion to dismiss contending that there was a legal impediment to prosecution because he fell under one of the exemptions under article 33 of the Public Health Law. The court denied defendant's motion finding that the "issue . . . must be resolved at trial after a thorough and careful examination of all of the relevant evidence." (Id., at 418.)