Case Result 1.pdf

people-v-kern-buffalo-city-court-september-27-2000-a4f2435a-64fb132f.pdf
Preview of Case Result 1
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📊 Size: 2.89 MB
📄 Pages: 6 pages
⬇️ Downloads: 40

Summary

The People of the State of New York charged Richard Kern with Criminal Contempt in the Second Degree for allegedly violating an Order of Protection issued by Judge James A.W. McLeod. The Order prohibited Kern from contacting or communicating with Mildred Castro, but allowed him to enter City Hall and the Council floor as long as he didn't engage in offensive conduct with Castro. The accusatory instrument alleged that Kern violated the Order by entering Room 1413 of City Hall and leaving a document for another employee, but it didn't establish that Kern's actions were directed towards Castro or that he intentionally disobeyed the Order. The Court found that the accusatory instrument was facially insufficient because it didn't allege facts demonstrating Kern's intentional violation of the Order. The People's argument that the Order's phrase "stay away from room 1413" was sufficient to establish a violation was rejected because it would require disregarding the context and intent of the Order.

Description

The People of the State of New York charged Richard Kern with Criminal Contempt in the Second Degree for allegedly violating an Order of Protection issued by...

Technical Information

  • File Format: PDF
  • File Size: 2.89 MB
  • Pages: 6
  • Language: EN
  • Total Downloads: 40
  • Last Updated: 4 months ago

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