PEOPLE v. DAVEY

12030001.

37 Misc.3d 190 (2012)

943 N.Y.S.2d 829

2012 NY Slip Op 22101

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVID M. DAVEY, Defendant.

Justice Court of Town of Lockport, Niagara County.

March 19, 2012.


Attorney(s) appearing for the Case

Michael J. Violante , District Attorney ( Cheryl L. Nichols of counsel), for plaintiff. David J. Farrugia , Public Defender ( Michael H. White of counsel), for defendant.


OPINION OF THE COURT

LEONARD G. TILNEY, JR., J.

This case illustrates the conflict between legislative intent and administrative fiat. The chronological history of this case begins on March 1, 2012 when the defendant was arrested by the Niagara County Sheriff's Office for two violations of the Penal Law. He was charged with violating section 215.52 (1) (aggravated criminal contempt), a class D felony, and section 120.00 (assault in the third degree), a class...

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