People v. Meggie

KENNETH L. GARTNER, J. Defendant is charged with two D felonies, assault in the second degree (Penal Law § 120.05 [2]), and criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Both charges arise out of the defendant's alleged slash of the In the instant case, the supporting deposition of the complaining witness itself concedes that the complaining witness initiated the physical confrontation with the defendant in response to verbal comments made by the defendant as a result of the complaining witness having blocked the defendant into a spot by double parking the complaining witness's car. Proceeding upon the assumption of the veracity and accuracy of the factual allegations contained in the felony complaints and supporting deposition (People v Martinez, supra, 97 Misc 2d, at 602), and in view of the defendant's failure to controvert anything contained therein, this court determines that the TOP was properly issued and should remain in effect, except—as alternatively requested by the defendant and as the People indicated would be alternatively acceptable—modified from a complete stay-away TOP to one directing defendant to refrain from harassing, intimidating, threatening or otherwise interfering with the victim.