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PEOPLE v. SOSA

12738, 38370C/11.

118 A.D.3d 509 (2014)

987 N.Y.S.2d 143

2014 NY Slip Op 4241

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO SOSA, Appellant.

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

Decided June 12, 2014.

The accusatory instrument was jurisdictionally defective as to the attempted criminal contempt charge, because it failed to allege that defendant had knowledge of the order of protection that he allegedly violated, an element of the crime (see People v Inserra, 4 N.Y.3d 30 [2004]). However, we reject defendant's challenges to a harassment charge, because defendant's statement to the victim was clearly a threat of physical violence...

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