PEOPLE v. MERGENTHALER


13 A.D.3d 984 (2004)

787 N.Y.S.2d 486

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT W. MERGENTHALER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 2004.


Lahtinen, J.

A domestic dispute in March 2001 between defendant and his wife (hereinafter the victim) resulted in an April 2001 order of protection (entered on consent with no factual findings or admissions) directing defendant to stay away from the victim and her place of residence. Nevertheless, according to a statement given by the victim, defendant resumed living at the victim's residence with her countenance by the end of April 2001. On July 31, 2001, a dispute...

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