Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Cheng Tasi

Facially Sufficient Instrument Finds Defendant Deliberately Violated Order of Protection

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

*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

*2

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements