People v. Zito

2001 WL 1263340 (2001)

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People v. Zito

New Rochelle City Court
2001 WL 1263340 (2001)

KL

Facts

Zito (defendant) had a protective order prohibiting him from coming near, communicating with, or harassing his ex-wife Katherine Zito. Katherine alleged that Zito drove by her house one morning on his motorcycle, stopped and revved the engine, and then yelled insults at her. Zito was charged with criminal contempt for failing to obey the protective order. At trial, both Zito and Katherine testified that after the protective order had been granted, they had cohabitated in Katherine’s home several evenings. Zito stated that Katherine would pick him up to stay at her home or he would drive himself. The court examined whether the protective order was still in force in light of the parties’ mutual conduct disregarding it.

Rule of Law

Issue

Holding and Reasoning (Rippa, J.)

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