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People v Maldonado (Ricardo)
2006 NY Slip Op 51514(U) [12 Misc 3d 146(A)]
Decided on August 2, 2006
Appellate Term, First Department
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
.

The People of the State of New York, Respondent, 570734/03

against

Ricardo Maldonado, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, Bronx County (Ethan Greenberg, J.), rendered May 30, 2003, convicting him, upon a plea of guilty, of criminal contempt in the second degree, and imposing sentence.


PER CURIAM:

Judgment of conviction (Ethan Greenberg, J.), rendered May 30, 2003, affirmed.

The information charging defendant with second-degree criminal contempt was jurisdictionally valid, and this even accepting defendant's contention that the information did not adequately allege that defendant's disobedience of the underlying protective order was not in a case "involving or growing out of labor disputes" (Penal Law § 215.50 [3]). It has now been authoritatively determined that the "labor disputes" clause of the statute "operates as a proviso that the accused may raise in defense of the charge rather than an exception that must be pleaded by the People in the accusatory instrument." (People v Santana, ___NY3d__, decided June 29, 2006.)

This constitutes the decision and order of the court.
Decision Date: August 02, 2006