People v. Ervin

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with criminal contempt in the second degree (Penal Law § 215.50 [3]), moves to dismiss, arguing that the information is facially insufficient.1 The case presents a question of first impression: In a criminal contempt case where the order of protection is subject to modification by subsequent family court order, need the information allege the absence of a family court order that would have permitted the allegedly contumacious conduct?

For the reasons that follow, the court answers this question in the negative. Defendant’s motion…