Judge John Hecht
Jakubowski was charged with criminal contempt and harassment based on complainant’s allegations, including that he gestured a throat-slashing with his fingers, in violation of a stay-away order of protection. Defendant moved for dismissal of the proceeding for facial insufficiency arguing he did not have knowledge of the order as it was improperly served on him. He contended that the Family Court Act did not provide for a party to serve an order of protection; so complainant’s service on him was ineffective. Jakubowski also argued the alleged throat-slashing gesture did not amount to a threat of harm under Penal Law §240.26.(1). The court stated actual notice of an order of protection, rather than proper service, was a predicate for contempt, noting even if complainant improperly served defendant, the allegations of the accusatory instrument established he knew of the order’s contents as he was personally served. It stated when a defendant knows the contents of a court order, and intentionally disobeys it, the statute was violated, even if the manner of service of the order was not specifically permitted by statute. Also, as the allegations pleaded all the elements of §240.26(1), dismissal for facial insufficiency was denied.