Irving Singer, Hempstead, for defendant.
Denis E. Dillon, District Attorney of Nassau County, Mineola, for plaintiff.
Joseph C. Calabrese, J.
This decision holds for the first time that a New York State court has jurisdiction over an alleged violation of an order of protection where such protective order was issued by a court of this state and served on a defendant in a foreign state by means of a facsimile (fax) copy of that order.
Defendant, Evelyn Perez, is charged with criminal contempt in the first degree (E felony) under Penal Law § 215.51 (b) (ii) and stalking in the third degree (A misdemeanor) under Penal Law § 120.50 (3). These crimes are alleged to have occurred on or about February 18, 2001 in Nassau County, State of New York.
Pursuant to a stipulation in lieu of motions entered into by the parties on May 16, 2001 and " Approved and So Ordered" by this court on that date, the Grand Jury minutes underlying the instant indictment were reviewed by this court.
Those minutes indicate that complainant herein is the girlfriend of defendant's ex-boyfriend.
On February 6, 2001, the District Court of Suffolk County, State of New York, issued an order of protection against defendant and in favor of complainant. Defendant was not present in court on the date of issuance and was apparently not otherwise served with a copy of that order in the State of New York.
On February 9, 2001, complainant and her boyfriend went skiing in the Town of Brandon, State of Vermont. On February 10, complainant contacted and then met with Brandon Police Department Corporal James Bixby concerning defendant whom she had seen in Brandon. After speaking with complainant, Corporal Bixby stopped defendant's car and gave her a fax copy of the Suffolk County District Court's order of protection. Defendant signed a receipt for the order of protection and acknowledged receiving such in her testimony before the Grand Jury.
The Grand Jury testimony further indicates that on Sunday, February 18, 2001, at approximately 11:40 A.M . complainant left home in Port Jefferson Station, Suffolk County, New York,
to travel to Hicksville, Nassau County, New York, to meet a friend for lunch. Shortly after departing and while at the intersection of Route 347 and Nichols Road in Port Jefferson, complainant observed a mud-covered Suzuki Samurai behind her car. Complainant drove approximately four or five miles south on Nichols Road and then got onto the Long Island Expressway (LIE) in a westerly direction. While entering the LIE, complainant again saw the same muddy Suzuki following her at the distance of one car's length, at which time she recognized defendant as the ...