People v Kravitz

[*1] People v Kravitz 2018 NY Slip Op 50368(U) Decided on March 22, 2018 City Court Of Hudson, Columbia County Herman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 22, 2018
City Court of Hudson, Columbia County

People of the State of New York, Plaintiff,

against

Evan Kravitz, Defendant.



CR-0241-16



For the People:

Paul Czajka, Esq., Columbia County District Attorney, by

Deborah Olin, Assistant District Attorney

For the Defendant:

Philip A. Wellner, Esq.
Brian J. Herman, J.

This criminal matter was commenced by the filing with this Court of an accusatory instrument alleging that on September 27, 2016 the defendant committed a violation of NYS Penal Law §215.50(3), Criminal Contempt in the Second-Degree Harassment in the Second-Degree. Specifically, the defendant was accused of intentionally disobeying a lawful 'stay away" order of protection issued out of Columbia County Court, to wit: that the defendant walked into Hudson City Court with the protected party, sat down next to the protected party, and had physical contact with the protected party consisting of hugging and kissing the protected party, all in violation of the order of protection.

At arraignment on September 27, 2016, the defendant pled not guilty to the charge.

A jury trial was had and on September 20, 2017 the jury returned a verdict of guilty to the charge.

Defendant has now moved by notice of motion asking the court set aside the jury verdict in accordance with CPL §330.30(1). In support of the motion, the defense counsel filed an affirmation in support. The People responded with an affirmation in opposition to the motion.

CPL §330.30(1) provides:

At any time after rendition of a verdict of guilty and before sentence, the court may, upon [*2]motion of the defendant, set aside or modify the verdict or any part thereof upon the following grounds:1. Any ground appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would require a reversal or modification of the judgment as a matter of law by an appellate court.

Specifically, defense counsel affirms that, ". . . the evidence at trial was legally insufficient to support a conviction." Defense goes on to state that the evidence adduced at trial failed to establish that the defendant had knowledge of the order of protection which he was found to have violated, having left County Court prior to being served with a copy of the order of protection which extended an order of protection that was in place.

The People disagree with defense's conclusion and state that although the defendant left County Court before he could be served with an extension of an existing order of protection, the presiding judge did orally inform the defendant of the extension of the stay away order of protection. The People cite, People v. McCowan, 85 NY2d 985, 987 (1995).

At trial, the People entered into evidence a certified copy of the subject order of protection, as well as the transcript of the County Court proceedings wherein the presiding judge orally informed the defendant of the extended order of protection. The record provides a legally sufficient basis for the jury to conclude that the defendant was aware of the terms and conditions of the subject order of protection at the time of his violation thereof.

A trial court may set aside verdict only in instances where evidence is legally insufficient to support verdict. People v Brown, 141 AD2d 657, 529 N.Y.S.2d 552, 1988 NY App. Div. LEXIS 6906 (NY App. Div. 2d Dep't 1988). Based upon the testimony adduced at trial and the exhibits entered into evidence at trial, it is the court's decision that evidence was provided to the jury sufficient to support their verdict.

Based upon the foregoing, the motion of the defendant is denied. The foregoing constitutes the opinion, order and decision of this Court.

Dated: March 22, 2018

Hudson, New York

___________________________

Honorable Brian J. Herman

Hudson City Court Judge