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PEOPLE v. Udeke

No. 104.

34 N.Y.3d 1118 (2019)

141 N.E.3d 131

118 N.Y.S.3d 63

2019 NY Slip Op 09057

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIXTUS UDEKE, Appellant.

Court of Appeals of New York.

Decided December 19, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Benjamin Wiener of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jonathon Krois and Hope Korenstein of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

We reject defendant's threshold challenge to the facial sufficiency of the accusatory instrument charging him with second-degree criminal contempt. A fair reading of the allegations and reasonable inferences drawn therefrom provide reasonable cause to believe that he intended to violate the stay-away provision of the order of protection by purposely being physically...

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