Appellate Division, Fourth Department
Prior Conduct Toward Victim
People v. Pytlak
Appealed from Erie County Court
Background: The defendant was convicted after trial of aggravated criminal contempt and stalking. On appeal, he contended that County Court erred in admitting testimony concerning the defendant’s prior conduct toward the victim.
Ruling: Judgment is affirmed. The testimony was relevant to establish the defendant’s motive and intent, that victim had a reasonable fear of physical injury, and the defendant’s violation of an order of protection was neither innocent nor inadvertent.
Robert L. Kemp for the defendant; David A. Heraty for Erie County District Attorney’s Office