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PEOPLE v. CLEOPHUS

2008-10213.

81 A.D.3d 844 (2011)

916 N.Y.S.2d 624

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CLEOPHUS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 15, 2011.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The defendant was charged with criminal contempt in the first degree on the ground that he violated an order of protection (see Penal Law § 215.51 [c]). The element of that offense which distinguishes it from the lesser offense of criminal contempt in the second degree is that the...

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