Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Wilson

DMV Records Establish Officer Observed Protected Party; Contempt Charge Denied Dismissal

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

*1  These cases present several scenarios in which the People have charged the defendant with Criminal Contempt in the Second Degree [Penal Law 215.50(3)] for allegedly violating an order of protection. The People are attempting to proceed despite the absence of any sworn allegations from the protected party in the complaint. The defense moves to dismiss all three dockets, contending each of the methods to corroborate these complaints proposed by the People is flawed and therefore the accusatory instruments are facially insufficient. MOTION TO DISMISS FOR FACIAL INSUFFICIENCYThe defendant contends that the complaints fail to (1) recite non-hearsay allegations that the defendant intentionally violated the order of protection (2) allege that the defendant acted intentionally and (3) contain non-hearsay allegations that establish the identity of Chastity Bartley, the complainant. In addition, on docket 2017BX024770, the defendant alleges that the accusatory instrument fails to adequately allege that he did not stay away from the home of Chastity Bartley.THE ACCUSATORY INSTRUMENTSDocket 2017BX004501:On February 22, 2017, the People filed a superseding information, signed by a police officer, charging the defendant with two counts of Criminal Contempt in the Second Degree (Penal Law §215.50(3)). The superseding information reads, in pertinent part:

*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
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


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 ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements