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People v. Wilson

Criminal Court of the City of New York, Bronx County

December 4, 2017

The People of the State of New York, Plaintiff,
v.
John Wilson, Defendant.

          Darcel D. Clark Bronx County District Attorney

          Attn: A.D.A. Megan Leo The Bronx Defenders Attn: Peter Coleman, Esq.

          Hon. Laurence E. Busching, JCC.

         These cases present several scenarios in which the People have charged the defendant with Criminal Contempt in the Second Degree [Penal Law 215.50(3)] for allegedly violating an order of protection. The People are attempting to proceed despite the absence of any sworn allegations from the protected party in the complaint. The defense moves to dismiss all three dockets, contending each of the methods to corroborate these complaints proposed by the People is flawed and therefore the accusatory instruments are facially insufficient.

         MOTION TO DISMISS FOR FACIAL INSUFFICIENCY

         The defendant contends that the complaints fail to (1) recite non-hearsay allegations that the defendant intentionally violated the order of protection (2) allege that the defendant acted intentionally and (3) contain non-hearsay allegations that establish the identity of Chastity Bartley, the complainant. In addition, on docket 2017BX024770, the defendant alleges that the accusatory instrument fails to adequately allege that he did not stay away from the home of Chastity Bartley.

         THE ACCUSATORY INSTRUMENTS

         Docket 2017BX004501:

         On February 22, 2017, the People filed a superseding information, signed by a police officer, charging the defendant with two counts of Criminal Contempt in the Second Degree (Penal Law §215.50(3)). The superseding information reads, in pertinent part:

Deponent states, that at the above time and place, deponent observed the defendant inside of said location along with CHASTITY BARTLEY. Deponent further states that he has reviewed the female's identification and confirmed her to be CHASTITY BARTLEY.
Deponent further states that he has reviewed a valid order of protection issued by the Honorable Judge Busching of the Bronx County Criminal Court on November 10, 2016, and valid until November 9, 2018 and said order directs defendant in pertinent part to stay away from CHASTITY BARTLEY and her home. Deponent further states that the defendant had knowledge of the aforementioned order of protection, in that said order indicates the defendant was present in court when said order was issued and the defendant signed said order.
Deponent further states the defendant stated in sum and substance, I JUST WANTED TO TALK TO HER. I KEEP GOING BACK BECAUSE I HAVE NO PLACE TO GO.

         Docket 2017BX011719:

         On this docket, the defendant is charged with two counts of Criminal Contempt in the Second Degree for allegedly violating the same order of protection on March 20, 2017.

         The information, signed by a police officer, alleges that the defendant committed the crime of Criminal Contempt as follows:

Deponent states that at the above time and place, deponent observed the defendant with CHASTITY BARTLEY inside of said location. Deponent further states he observed the defendant talking and kissing CHASTITY BARTLEY. Deponent further states that he has reviewed the female's Department of Motor Vehicle records and confirmed her to be CHASTITY BARTLEY.

Deponent further states that he has reviewed a valid order of protection issued by the Honorable Judge Busching of Bronx Criminal Court on November 10, 2016, and valid until November 9, 2018 and said order directs defendant in pertinent part to stay away from CHASTITY BARTLEY and refrain from communication with CHASTITY BARTLEY. Deponent further states that the ...


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