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PEOPLE v. SMITH

4 Misc.3d 909 (2004)

782 N.Y.S.2d 596

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KEVIN SMITH, Defendant.

Criminal Court of the City of New York, New York County.

August 12, 2004.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Donna Klett of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Justin Paul Caulfield of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT M. STOLZ, J.

This case presents the question of whether an order of protection, purportedly issued pursuant to CPL 530.13, may lawfully prohibit any contact between a criminal defendant and a place when that order neither identifies nor refers to a victim or a witness as those terms are used in that statute. More particularly, it raises the question of whether a violation of such an...

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