People v. Warren

OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed on the law and accusatory instrument dismissed.

Defendant was charged with criminal contempt in the second degree (Penal Law § 215.50 [3]) and aggravated harassment in the second degree (Penal Law § 240.30 [1]). The accusatory instrument alleged that the offenses occurred on or about July 16, 2004 at about 11:19 a.m., and, in the annexed supporting deposition, the victim swore to the truth of the factual allegations contained in the accusatory instrument. However, at trial, the victim testified that the offenses occurred at 10:42…