People v. Giannelli

No appearances.

OPINION OF THE COURT

DAVID OTIS FULLER, JR., J. This defendant was brought before the court for arraignment on a charge of criminal contempt in the second degree for violating a temporary order of protection, a class A misdemeanor under Penal Law § 215.50 (3), and disorderly conduct, Although there is no express statutory or case law authority excepting court-ordered psychiatric examinations from the requirement of bail in misdemeanor cases, a custodial examination should be ordered to effect the purpose of CPL article 730 when a defendant, as here, appears unlikely to cooperate. There is the further consideration that:

"If a defendant is brought before the court for failure to obey any lawful order issued under this section [CPL 530.12 (Protection for victims of family offenses')] * * * and if, after hearing, the court is satisfied by competent proof that the defendant has willfully failed to obey any such order, the court may:

"(a) revoke an order of recognizance or revoke an order of bail or order forfeiture of such bail and commit the defendant to custody" (CPL 530.12 [11] [a]).

Counsel are not present for a hearing. Rather than call on defendant's father to testify now, the court notes that the misdemeanor information states a strong case against the defendant for violation of the order of protection, which was served by a police officer. A hearing can be conducted at the next court session, if requested. Under these circumstances, the defendant is remanded to custody for a psychiatric examination under CPL article 730.