People v. Scott

OPINION OF THE COURT

Matthew J. D’Emic, J.

The defendant moves to controvert the People’s GPL 400.21 predicate statement and seeks a hearing thereon and a finding that he is not a predicate felon. The People oppose the motion.

The motion is granted and the court finds that the defendant’s prior conviction in Georgia is not a predicate felony.

In determining this motion, the court has considered the parties’ submissions and reviewed the official court file.

Factual Background and Discussion

The defendant is charged under the instant indictment with criminal contempt in the first and second degrees…