Justice Beth Beller

Defendant was charged with Assault in the Third Degree and Harassment in the Second Degree arising out of an incident where defendant allegedly struck the complainant, the mother of his children, in the face multiple times with a close fist and pulled her hair. As a result of defendant's alleged conduct, the complainant suffered brusing to the face, a sore scalp, and fear for her physical safety. Defendant was served with a temporary order of protection directing him to stay away from the complainant and to refrain from any communication with her. Defendant was subsequently charged with Criminal Contempt in the Second Degree after leaving a voicemail on the complainant's cellphone while the order of protection was still in effect. The People moved to consolidate these matters for trial, asserting that the facts underlying the charges against defendant in the first action would be admissible as evidence in chief at defendant's trial on the second action. The court concluded that consolidation of the two matters is warranted, as it would serve to clarify the background and relationship between the parties, and proof of the acts alleged in the first action will be admissible with respect to the second action to show possible motive and to establish intent.

Justice Beth Beller