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People v. Wilson

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

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*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:

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