People v. Ellis

OPINION OF THE COURT

Steven M. Statsinger, J.

Did People v Golb (23 NY3d 455 [2014]), which held that Penal Law § 240.30 (1) (a) is unconstitutional, also invalidate, as a matter of law, all final orders of protection entered in connection with convictions under that section? This is the novel question raised in defendant’s motion to dismiss one count of criminal contempt in the second degree. For the reasons that follow, the motion is denied.1 Defendant also moves to suppress certain statements; as to that motion, the court orders a Dunaway/ Huntley hearing.

I. Factual Background

A. The…