People v Mitchell

People v Mitchell 2015 NY Slip Op 03687 Decided on May 1, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.
514 KA 11-02368

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

MANNIX A. MITCHELL, DEFENDANT-APPELLANT.

Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered August 26, 2011. The judgment convicted defendant, upon a jury verdict, of criminal contempt in the first degree.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]), defendant contends that County Court violated Crawford v Washington (541 US 36, 50-54) and his rights under the Confrontation Clause of the Sixth Amendment of the United States Constitution when it admitted in evidence the order of protection. We reject that contention inasmuch as "the order of protection and the statements contained therein were not testimonial in nature . . . The order of protection, which indicated that the defendant was present in court when it was issued and that the defendant was advised of it, constituted a contemporaneous record of objective facts and was not directly accusatory" (People v Lino, 65 AD3d 1263, 1264, lv denied 13 NY3d 940; see People v Myers, 87 AD3d 826, 829, lv denied 17 NY3d 954; see generally People v Pealer, 20 NY3d 447, 453, cert denied ___ US ___, 134 S Ct 105, rearg denied 24 NY3d 993).

Entered: May 1, 2015

Frances E. Cafarell

Clerk of the Court