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PEOPLE v. SANTANA

7 N.Y.3d 234 (2006)

851 N.E.2d 1193

818 N.Y.S.2d 842

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN SANTANA, Appellant.

Court of Appeals of New York.

Decided June 29, 2006.

Attorney(s) appearing for the Case

Lawrence T. Hausman, New York City, Steven Banks and Laura R. Johnson for appellant.

Robert M. Morgenthau, District Attorney, New York City (Megan E. Joy and Eleanor J. Ostrow 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 repeatedly punched his roommate in the head during an altercation in October 2001. As a result, defendant was charged with assault in the third degree (see Penal Law § 120.00 [1]) and a temporary order of protection was issued. After defendant violated that order by harassing his roommate, he was served with another order of protection that prohibited...

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