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PEOPLE v. OZUNA

7 N.Y.3d 913 (2006)

861 N.E.2d 90

828 N.Y.S.2d 275

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BEATO OZUNA, Appellant.

Court of Appeals of New York.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Barbara Zolot, Robert S. Dean and Lisa Lewis of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (T. Charles Won, Joseph N. Ferdenzi and Rafael Curbelo of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant Beato Ozuna was convicted of first-degree criminal contempt, but acquitted of first-degree rape. The complainant, his former girlfriend, testified that while defendant was in jail following his arrest for rape, he had telephoned her repeatedly despite an order of protection forbidding contact. Defendant testified on his own behalf. He disputed the rape...

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