People v. Duignan

OPINION OF THE COURT

Jerome M. Becker, J.

Defendant is charged with violating section 120.05 of the Penal Law in that he allegedly assaulted his four-year-old son, Mark Duignan with whom defendant holds visitation rights under divorce decree previously issued by the Supreme Court.

This court is now issuing a temporary order of protection on behalf of Mark Duignan and his grandmother Cicilia Reynolds pursuant to CPL 530.11. Such order prohibits, among other acts, any and all visits by defendant with his son. While such order might appear to be in derogation of a decree of a superior court, this…