Fourth Department – Order of protection: Plea – Knowingly and voluntarily – Intent to disobey order People v. Vanwuyckhuyse

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Order of protection

Plea – Knowingly and voluntarily – Intent to disobey order

People v. Vanwuyckhuyse

KA 19-00813

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of aggravated family offense arising from his violation of a no-contact order of protection. He argues that his plea was not knowingly and voluntarily entered because he negated an essential element in his factual recitation during the plea proceeding and his plea was accepted without first curing the deficiency through further inquiry.

Ruling: The Appellate Division reversed and vacated. The court noted that the defendant stated that he did not intend to violate the underlying order of protection, thus negating an element of criminal contempt. The defendant did state that the letter he sent to the protected person did violate the order of protection. However, it was never clarified whether his conscious objective was to disobey the order of protection.

David R. Juergens, of the public defender’s office, for the defendant-appellant; Scott Myles, of the district attorney’s office, for the respondent.

Oral argument video