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People v. Cheng Tasi

Facially Sufficient Instrument Finds Defendant Deliberately Violated Order of Protection

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*1  Defendant, charged with criminal contempt in the second degree (Penal Law §215.50(3)), moves to dismiss, arguing that the information is facially insufficient.1 This case presents the question whether either the allegations that the complainant saw the defendant “standing outside of her school,” or that the defendant “attempt[ed] to approach her,” sufficiently allege that he violated an order of protection that directed him to “[s]tay away from” the complainant and her school. For the reasons that follow, the Court answers this question in the affirmative. Defendant’s motion to dismiss for facial insufficiency is accordingly DENIED.2I. FACTUAL BACKGROUNDA. The AllegationsAccording to the accusatory instrument, on April 24, 2017, the complainant, defendant’s ex-girlfriend, saw the defendant “standing outside of her school,” and “observed the defendant attempt to approach her,” in violation of a temporary order of protection that this Court had issued in her favor.B. The Underlying Order of ProtectionThe temporary order of protection was entered in New York County Criminal Court on April 17, 2017, in connection with Docket No. 2017NY013745, a case in which the defendant was charged with, inter alia, assault in the third degree. Penal Law §120.00(1), with respect to this same complainant. The order, which bears an expiration date of April 16, 2018, directs the defendant, in pertinent part, to “[s]tay away from” the complainant and her “school.” Defendant was present in court when the order was entered; it was personally served on him there, and it bears his signature.C. Legal Proceedings

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