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Fourth Department — Evidence: People v. Pytlak

Appellate Division, Fourth Department


Prior Conduct Toward Victim

People v. Pytlak
KA 10-02456
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

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