People v. Regan
| Decision Date | 25 March 2021 |
| Docket Number | 111697 |
| Citation | 192 A.D.3d 1393,145 N.Y.S.3d 188 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Walter J. REGAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
192 A.D.3d 1393
145 N.Y.S.3d 188
The PEOPLE of the State of New York, Respondent,
v.
Walter J. REGAN, Appellant.
111697
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: February 11, 2021
Decided and Entered: March 25, 2021
Thomas H. Kheel, Ithaca, for appellant.
Matthew Van Houten, District Attorney, Ithaca (Andrew J. Bonavia of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ.
MEMORANDUM AND ORDER
Pritzker, J.
Appeal from a judgment of the Supreme Court (Cassidy, J.), rendered October 26, 2018 in Tompkins County, upon a verdict convicting defendant of the crime of criminal contempt in the second degree.
In connection with a Family Court matter, an order of protection was issued against defendant directing that, among other things, he stay away from his spouse's residence. Thereafter, defendant went to the Tompkins County Sheriff's Office and informed a sergeant that he planned to violate the terms of the order of protection by staging a peaceful protest against, what he believed, were illegal and invalid court rulings against him in connection with the Family Court matter. Although the sergeant advised defendant against violating the order of protection, defendant thereafter went to his spouse's residence where he then called 911 to report that he was currently violating the order of protection. The sergeant was dispatched to the spouse's residence and defendant, who was standing in the driveway with his hands in the air, was arrested.
Defendant was subsequently charged with criminal contempt in the second degree. Following defendant's arraignment,
the matter was transferred to Supreme Court and referred to the Integrated Domestic Violence part for further proceedings. Defendant moved, as is relevant to this appeal, for recusal of the trial judge on the grounds that he was biased and prejudiced. Supreme Court denied the motion for recusal. Following the jury trial, defendant was found guilty of criminal contempt in the second degree and was sentenced to 10 months in jail. Defendant appeals.
Defendant's sole contention is that Supreme...
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