People v. Meggie

OPINION OF THE COURT

Kenneth L. Gartner, J.

Defendant is charged with two D felonies, assault in the second degree (Penal Law § 120.05 [2]), and criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Both charges arise out of the defendant’s alleged slash of the *884neck of the complaining witness during an altercation over a double-parked car outside an Off Track Betting parlor.

At arraignment, a complete stay-away temporary order of protection (TOP) was entered prohibiting the defendant from having any contact with the complaining witness. At the defendant’s request, the…