Legal Opinion

People v. Ferenchak

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 2011PublishedCited by 1 opinion

1Opinion of the Court

*1693Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of criminal contempt in the second degree (Penal Law § 215.50 [3]), arising from his violation of an order of protection. We agree with defendant that the misdemeanor information upon which he was prosecuted was jurisdictionally defective because it did not contain allegations that, if true, established his knowledge of the order of protection (see generally CPL 100.15 [3]; 100.40 [1] [c]; People v Kalin, 12 NY3d 225, 228-229 [2009]; cf. People v Inserra, 4 NY3d 30, 32-33 [2004]). “It is a fundamental and…

2Cases cited5 opinions

  1. People v. CaseyNew York Court of Appeals · 2000
  2. People v. KalinNew York Court of Appeals · 2009
  3. People v. HallNew York Court of Appeals · 1979
  4. People v. InserraNew York Court of Appeals · 2004
  5. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. People v. Bruce-Ross (Duncan)Appellate Terms of the Supreme Court of New York · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API