Irvine's Attorney Wants Charge Dismissed

An Ogdensburg man accused earlier this year of violating a court order of protection is seeking to have the case against him dismissed.

Peter C. Irvine, 53, of 515 Hasbrouck St., was charged by city police on March 22 with second-degree criminal contempt.

He allegedly violated a September 2009 stay away order of protection for a 24-year-old Ogdensburg woman that is in effect until March 2013.

Mr. Irvine's attorney, Richard V. Manning of Parishville, filed an addendum to his motion to dismiss in Ogdensburg City Court on Tuesday. Judge George E. Silver adjourned the case to Sept. 28.

Mr. Manning contended that the prosecutor's information filed in June by St. Lawrence County Assistant District Attorney Joshua A. HaberkornHalm doesn't support the charge.

"There's no crime committed," Mr. Manning said.

The order of protection was issued after Mr. Irvine pleaded guilty last September to attempting to have oral sex with the woman in 1996 when she was an 11-year-old girl.

She claimed the order was violated when she and Mr. Irvine were both at the Nice 'n' Easy convenience store, 301 Champlain St., on March 14.

In his motion to dismiss, Mr. Manning said that Mr. HaberkornHalm's claim of eye contact between Mr. Irvine and the woman is unsupported. "However, regarding the allegation of eye contact in the Prosecutor's Information, there is no such allegation in the supporting depositions," he wrote.

The woman's deposition, Mr. Manning stated, "does not state that defendant made eye contact with her. It merely states 'He looked directly at me.' Indeed, (the woman) goes on to state 'I didn't want him to see me or make eye contact with me.'"