People v. Swartout

OPINION OF THE COURT

M. John Sherman, J.

*550Defendant is charged with criminal contempt in the first degree and criminal contempt in the second degree, based upon separate incidents.

In these omnibus pretrial motions, the court has reviewed the moving papers, and the People’s response.

Upon its review, the court reaches the following conclusions.

Dismissal Based upon Insufficiency of Grand Jury Testimony

Defendant seeks dismissal of the first count of the indictment, criminal contempt in the first degree, upon the grounds that the People failed to provide proof that defendant’s prior conviction for…