People v. Phelan

82 A.D.3d 1279, 918 N.Y.2d 608
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 3, 2011
StatusPublished
Cited by15 cases

This text of 82 A.D.3d 1279 (People v. Phelan) 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. Phelan, 82 A.D.3d 1279, 918 N.Y.2d 608 (N.Y. Ct. App. 2011).

Opinion

Peters, J.P

As a result of defendant’s interactions and communications with the victim between April and June 2008, a temporary order of protection was issued on July 1, 2008 directing that defendant stay away from and avoid any contact with the victim. Later that day, the victim received two e-mails allegedly sent by defendant — one stating, “You are dead [b]**ch!! $10,000 reward for your death,” and the other stating, among other things, “We will kill you.” The victim also discovered that defendant had posted on “Craigslist,” a public Internet Web site, her name, address, license plate number, place of employment, and make and model of her car, and he identified her as an illegal immigrant living in the City of Albany who was using a stolen Social Security number and date of birth.

Subsequently, in response to defendant’s report that the victim was an illegal immigrant, a State Police investigator conducted a background check of the victim and learned that she was a legal resident of the United States. He also learned of the order of protection against defendant in favor of the victim. After speaking with the victim and obtaining a supporting deposition, the investigator obtained a search warrant for defendant’s residence. Upon execution of the warrant, the police discovered, among other things, a file entitled “Secret I Spy Covert File” under defendant’s mattress that contained informátion about the victim, as well as a rolodex with the e-mail address and password to the e-mail account from which the two threatening e-mails were sent to the victim.

Defendant was thereafter arrested and indicted on two counts of criminal contempt in the first degree, aggravated harassment in the second degree and stalking in the third degree. Following a jury trial, he was convicted as charged and sentenced to an aggregate prison term of 2 to 4 years. County Court denied defendant’s subsequent CPL 440.10 motion without a hearing. He appeals from the judgment of conviction and, by permission, from the order denying his CPL article 440 motion.

[1281]*1281We are unpersuaded by defendant’s challenge to the verdict as contrary to the weight of the evidence.

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Bluebook (online)
82 A.D.3d 1279, 918 N.Y.2d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phelan-nyappdiv-2011.