People v. McGraw

OPINION OF THE COURT

Edward A. Baker, J.

The defendant moves, pursuant to CPL 210.20 (1) (e) and (h), to dismiss the fourth count of the captioned indictment. In support, he presses two grounds. First, the defendant contends that this court lacks jurisdiction over that charge of criminal *350contempt in the second degree. Next, he maintains that trial of this count would constitute double jeopardy in any event.

The court has extensively examined all relevant Federal and State constitutional provisions, sections of the Penal Law, Judiciary Law, Criminal Procedure Law and Family Court Act, and case…