People v. Lemons

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with criminal contempt in the second degree (Penal Law § 215.50 [3]), moves to dismiss, arguing that the information is facially insufficient. The case raises a question of first impression: Does a defendant violate a full order of protection by making a request on Instagram to follow the complainant’s Instagram page? Because the answer to this question is clearly “yes,” defendant’s motion to dismiss for facial insufficiency is denied.

I. Factual Background

A. The Allegations

According to the accusatory instrument, on May 18, 2015, a…