A man who violated an order of protection and repeatedly telephoned his ex-girlfriend, allegedly calling her "bitch" and "whore" and threatening to embarrass her in court if she enforced a child support order, was improperly convicted of first-degree criminal contempt, a deeply divided appellate panel in Rochester has held.
The majority of an Appellate Division, Fourth Department, panel said the evidence did not establish that James Webb made the calls intending to harass the woman, nor did it establish that the calls had no legitimate purpose, as necessary to sustain the felony of first-degree criminal contempt. It said the evidence only supports a misdemeanor charge of second-degree contempt.
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