X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Kathleen E. Casey, Barker, for Defendant-Appellant.Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered December 18, 2015. The judgment convicted defendant, upon a jury verdict, of criminal contempt in the first degree.It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal contempt in the first degree (Penal Law § 215.51 [c]), defendant contends that Supreme Court erred in admitting evidence concerning defendant’s prior violations of the order of protection that he allegedly violated in the underlying crime. We reject that contention. “That testimony was relevant to establish defendant’s motive and intent in committing the crime[] charged . . . and to establish that defendant’s violation of the order of protection was neither innocent nor inadvertent” (People v. Pytlak, 99 AD3d 1242, 1242-1243 [4th Dept 2012], lv denied 20 NY3d 988 [2012]; see People v. Zollo, 47 AD3d 958, 958 [2d Dept 2008]). Inasmuch as the defense sought to establish that defendant’s presence in the trees behind the complainant’s residence had an innocent explanation, the evidence was relevant to refute that defense, and “the court properly determined that the probative value of that testimony outweighed its potential for prejudice” (Pytlak, 99 AD3d at 1243; see People v. Rogers, 103 AD3d 1150, 1152-1153 [4th Dept 2013], lv denied 21 NY3d 946 [2013]; Zollo, 47 AD3d at 958).Defendant failed to preserve for our review his contention that the court erred in failing to give limiting instructions with respect to the above Molineux evidence (see People v. Burrell, 120 AD3d 911, 912 [4th Dept 2014]; People v. Williams, 107 AD3d 1516, 1516 [4th Dept 2013], lv denied 21 NY3d 1047 [2013]), and we decline to exercise our power to review that contention as a matter of discretion in the  interest of justice (see CPL 470.15 [6] [a]).Although defendant contends that the court erred in permitting the People to introduce evidence of an encounter between defendant and the complainant’s boyfriend outside of the complainant’s residence earlier on the evening of defendant’s arrest, we conclude that defendant waived that contention when he stipulated prior to trial that such evidence was admissible (see e.g. People v. Howie, 149 AD3d 1497, 1498 [4th Dept 2017], lv denied 29 NY3d 1128 [2017]; People v. Hutchings, 142 AD3d 1292, 1294 [4th Dept 2016], lv denied 28 NY3d 1124 [2016]; People v. Santos-Sosa, 233 AD2d 833, 833 [4th Dept 1996], lv denied 89 NY2d 988 [1997]). In any event, we conclude that the evidence was admissible inasmuch as it “completed the narrative of this particular criminal transaction” (People v. Alfaro, 19 NY3d 1075, 1076 [2012]).Finally, viewing the evidence, the law and the circumstances of this case in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see generally People v. Baldi, 54 NY2d 137, 147 [1981]).

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

General Statement of DutiesPerforms legal work involving full litigation of all types of matters both for and against the Town, including al...


Apply Now ›

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›