Molineux Evidence: People v. Curry 

By Daily Record Staff
POSTED: April 4, 2011
Tags: Appellate Division, criminal contempt, Fourth Department, Molineux evidence

Appellate Division, Fourth Department
Molineux Evidence
Criminal Contempt
People v. Curry
KA 09-00286
Background: The defendant was convicted of aggravated criminal contempt and aggravated harassment based upon a series of threatening letters to his former girlfriend and her mother, and to his teenage daughter. Part of the evidence was additional letters, which the prosecution offered to show his identity as [...]

Criminal Contempt: People v. Lilley 

By Daily Record Staff
POSTED: March 2, 2011
Tags: Appellate Division, criminal contempt, Fourth Department, Order of Protection

Appellate Division, Fourth Department
Criminal Contempt
Order of Protection
People v. Lilley
KA 09-02161
Appealed from Jefferson County Court
Background: The defendant pleaded guilty to criminal contempt in the second degree pursuant to a plea bargain. On appeal, he contended that the judge improperly enhanced the sentence by issuing a stay away order of protection. The order was not part of [...]

Judge says jail for Bush whistle-blower protector

By The Associated Press
POSTED: February 3, 2011
Tags: criminal contempt, federal judge, President George W. Bush, whistle-blower protection

WASHINGTON, D.C. — The former head of a whistle-blower protection office under President George W. Bush must spend at least a month in jail, according to a ruling by a federal judge that could threaten to derail the ex-official’s plea deal.

Criminal Contempt: People v. Kelly 

By Daily Record Staff
POSTED: January 5, 2011
Tags: Appellate Division, criminal contempt, Fourth Department, intent

Appellate Division, Fourth Department
Criminal Contempt
Intent
People v. Kelly
KA 08-02676
Appealed from Oneida County Court
Background: After being convicted at trial of two counts of Criminal Contempt first degree, the defendant on appeal contended that the evidence was legally insufficient.
Ruling: The conviction is affirmed. The element of intent may be inferred from conduct as well as the surrounding circumstances. [...]

Criminal Contempt: People v. Crump 

By Daily Record Staff
POSTED: October 5, 2010
Tags: Appellate Division, criminal contempt, Fear of Physical Injury, Fourth Department

Appellate Division, Fourth Department
Criminal Contempt
Fear of Physical Injury
People v. Crump
KA 09-01820
Appealed from Jefferson County Court
Background: The defendant was convicted by a jury of first-degree criminal contempt and second-degree aggravated harassment, related to his violation of an order of protection by making threatening phone calls to the victim. He contended the evidence was legally insufficient to [...]

Private right of action for contempt? 

By Kimberly Atkins
POSTED: April 2, 2010
Tags: criminal contempt, private right of action, SCOTUS

The U.S. Supreme Court is set to decide whether individuals have a private right of action for criminal contempt, or if the charge is reserved only for the government to bring.

Criminal Contempt: People v. Nuffer 

By Daily Record Staff
POSTED: February 18, 2010
Tags: Appellate Division, criminal contempt, Fourth Department, mistake of law defense

Appellate Division, Fourth Department

Criminal Contempt
Mistake of Law Defense 
People v. Nuffer
KA 09-01775
Appealed from Lewis County Court
Background: A defendant was convicted after jury trial of second-degree criminal contempt for violating a family court order of protection, which barred him from the victim’s home. He asserted a mistake of law defense, contending the location was not the victim’s [...]