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PEOPLE v. VILLALON

6504, 4257/15.

161 A.D.3d 486 (2018)

73 N.Y.S.3d 422

2018 NY Slip Op 03431

The People of the State of New York, Respondent, v. Mario Villalon, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2018.

The criminal contempt count was duplicitous because defendant's acts of violating an order of protection by regularly but briefly showing up at the victim's apartment, over the course of about a month and 20 days, constituted distinct crimes that were required to be alleged in separate counts (see People v Keindl, 68 N.Y.2d 410, 417-421 [1986]).

Defendant preserved this argument by moving to dismiss that count on the same...

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