PEOPLE v. McCOWAN


85 N.Y.2d 985 (1995)

652 N.E.2d 909

629 N.Y.S.2d 163

The People of the State of New York, Respondent, v. Antonio McCowan, Also Known as Anthony Davis, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1995.


Attorney(s) appearing for the Case

Eugene P. Grimmick, Troy, for appellant.

Mary O. Donohue, District Attorney of Rensselaer County, Troy (Bruce E. Knoll of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the County Court should be reversed and the charges dismissed.

On January 19, 1993, defendant was arraigned in Troy City Court on criminal charges and advised simply that a "preliminary order of protection" was being issued. The written order — barring defendant from any contact with the mother of his child — was not served on him. A preexisting Family Court order permitted defendant...

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