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PEOPLE v. KONIECZNY

2 N.Y.3d 569 (2004)

813 N.E.2d 626

780 N.Y.S.2d 546

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE KONIECZNY, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Michael J. Violante, Public Defender, Lockport (Joseph G. Frazier of counsel), for appellant.

Matthew J. Murphy, III, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.

OPINION OF THE COURT

GRAFFEO, J.

Defendant was charged with criminal contempt in the second degree based on allegations that he violated an order of protection issued incident to a bad check prosecution. Represented by counsel, he pleaded guilty to attempted criminal contempt in the second degree. On appeal, defendant asserted that his conviction should be reversed and the accusatory instrument dismissed on the ground that the order of protection was invalid...

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