Legal Opinion
People v. Smith
Criminal Court of the City of New York
Decided August 12, 2004PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Robert M. Stolz, J.
This case presents the question of whether an order of protection, purportedly issued pursuant to CPL 530.13, may lawfully *910prohibit any contact between a criminal defendant and a place when that order neither identifies nor refers to a victim or a witness as those terms are used in that statute. More particularly, it raises the question of whether a violation of such an order may be prosecuted as a criminal contempt under Penal Law § 215.50 (3).
In this case, defendant was the subject of a temporary order of protection that directed him to stay away from…
2Cases cited5 opinions
- Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
- Holtzman v. BeattyAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WilliamsCriminal Court of the City of New York · 1999
- People v. Stefanello, New York County Courts2003
- People v. HaynesworthCriminal Court of the City of New York · 1992
3Cited by3 opinions
- People v. BosticNew York District Court · 2005
- People v. PanettaMiddletown City Court · 2013
- People v. PurpuraNew York Supreme Court · 2006