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SEVERAL COUNTS CHARGING CONTEMPT WERE RENDERED DUPLICITOUS BY THE TRIAL EVIDENCE, COUNTS DISMISSED (SECOND DEPT). ​

The Second Department determined several counts charging contempt were rendered duplicitous by the trial evidence and therefore must be dismissed. The contempt charges alleged the violation of two orders of protection in favor of four people. Neither the jury instructions nor the verdict sheet allowed the jury to pinpoint which alleged violation applied to whom:

Here, counts 9, 10, 11, 14, 15, 16, and 17 of Indictment No. 5685/14 all charged the defendant with criminal contempt in the second degree, arising from his alleged violation of two orders of protection during two separate incidents that occurred on June 27, 2014. The first order of protection was in favor of a single individual; the second order was in favor of that same individual, as well as three others.

Neither the verdict sheet nor the jury charge, however, explained how the testimony and evidence adduced at trial applied to the seven counts—i.e., which counts pertained to which of the two orders of protection and which of the four alleged victims. Therefore, as the People effectively concede, the challenged counts were duplicitous because it is impossible to determine the particular acts upon which the jury reached its verdict with respect to each of the counts … . People v Woodley, 2022 NY Slip Op 00201, Second Dept 1-12-22

 

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