People v. Collins

Appellate Division of the Supreme Court of New York

People v. Collins

269 A.D.2d 869, 703 N.Y.S.2d 406, 2000 N.Y. App. Div. LEXIS 1842

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

DecidedFebruary 16, 2000

StatusPublished

This text of 269 A.D.2d 869 (People v. Collins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Collins, 269 A.D.2d 869, 703 N.Y.S.2d 406, 2000 N.Y. App. Div. LEXIS 1842 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal contempt in the first degree for violating an order of protection dated August 5, 1996 (see, Penal Law § 215.51 [b] [v]). That order of protection was issued by Rochester City Court upon defendant’s [870]*870plea of guilty to criminal contempt in the second degree. The indictment alleges that defendant violated that order of protection by conduct occurring on October 1, 1996. We reject the contention of defendant that the August 5, 1996 order was a temporary order of protection that expired when he was sentenced in Rochester City Court on September 23, 1996. On its face, the August 5, 1996 order of protection is not temporary. It was properly issued pursuant to CPL 530.13 (4) upon the entry of the guilty plea (see, CPL 1.20 [13]; cf., CPL 530.13 [1]). (Appeal from Judgment of Monroe County Court, Bristol, J.— Criminal Contempt, 1st Degree.) Present — Hayes, J. P., Wisner, Pigott, Jr., Scudder and Lawton, JJ. (Filed Feb. 2, 2000.)

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal contempt in the first degree for violating an order of protection dated August 5, 1996 (see, Penal Law § 215.51 [b] [v]). That order of protection was issued by Rochester City Court upon defendant’s [870]*870plea of guilty to criminal contempt in the second degree. The indictment alleges that defendant violated that order of protection by conduct occurring on October 1, 1996. We reject the contention of defendant that the August 5, 1996 order was a temporary order of protection that expired when he was sentenced in Rochester City Court on September 23, 1996. On its face, the August 5, 1996 order of protection is not temporary. It was properly issued pursuant to CPL 530.13 (4) upon the entry of the guilty plea (see, CPL 1.20 [13]; cf., CPL 530.13 [1]). (Appeal from Judgment of Monroe County Court, Bristol, J.— Criminal Contempt, 1st Degree.) Present — Hayes, J. P., Wisner, Pigott, Jr., Scudder and Lawton, JJ. (Filed Feb. 2, 2000.)

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Bluebook (online)

269 A.D.2d 869, 703 N.Y.S.2d 406, 2000 N.Y. App. Div. LEXIS 1842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collins-nyappdiv-2000.

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