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FILED: RICHMOND COUNTY CLERK 11/28/2023 11:17 AM INDEX NO. 635038/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/28/2023
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF RICHMOND
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THE PEOPLE OF THE STATE OF NEW YORK
FELONY
-against-
DANIEL ZUMMO, (M 26)
-Defendant(s).
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STATE OF NEW YORK )
) ss.:
COUNTY OF RICHMOND )
DETECTIVE MATTHEW KEMPER, shield #97 of the 121 Detective Squad, deposes
and says as follows:
On October 22 2023 at approximately 10:00 a.m in the vicinity of 42 Mersereau Avenue
in the County of Richmond, State of New York, the defendant committed the offense(s) of:
1. PL 215.52(1) Aggravated Criminal Contempt (2 Counts)
2. PL 215.51(BV) Criminal Contempt in the 1st Degree (2 Counts)
3. PL 121.12 Strangulation in the 2nd Degree (1 Count)
Criminal Obstruction Of Breathing Or Blood Circulation -Apply
4. PL 121.11(A)
Pressure (1 Count)
5. PL 120.00(1) Assault in the 3rd Degree (1 Count)
6. PL 215.50(3) Criminal Contempt in the 2nd Degree (2 Counts)
7. PL 240.26(1) Harassment in the 2nd Degree: Physical Contact (2 Counts)
in that the defendant(s) did: in violation of a duly served order of protection, or such order which
the defendant has actual knowledge because he or she was present in court when such order was
issued, or an order of protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or
serious physical injury to a person for whose protection such order was issued; with intent to
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FILED: RICHMOND COUNTY CLERK 11/28/2023 11:17 AM INDEX NO. 635038/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/28/2023
harass, annoy, threaten or alarm a person for whose protection such order was issued, strikes,
shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens
to do the same; commit the crime of criminal obstruction of breathing or blood circulation, as
defined in section 121.11 of this article, and thereby cause stupor, loss of consciousness for any
period of time, or any other physical injury or impairment.; with intent to impede the normal
breathing or circulation of the blood of another person, he or she applies pressure on the throat or
neck of such person; intentionally cause physical injury; engage in intentional disobedience or
resistance to the lawful process or other mandate of a court in a case not involving or growing out
of a labor dispute; and with intent to harass, annoy or alarm another person struck, shoved, kicked
or otherwise subjected such other person to physical contact, or attempted or threatened to do the
same.
The offenses were committed under the following circumstances:
Deponent states that there is a valid Order of Protection in effect and that said Order was
issued on July 24, 2023 by the Honorable John McPadden, pursuant to Richmond County Criminal
Court docket number CR-004291-23RI and is valid until July 23, 2024. Deponent further states
that defendant had knowledge of said order of protection because said order indicates that
defendant was advised in Court of the issuance and contents of said order and said order was
personally served on defendant in court. Deponent further states that said order indicates that the
defendant is to stay away from ANGELENA CANIZARES’s person, home, place of employment,
and school; refrain from any communication or any other contact by mail, telephone, e-mail, voice-
mail or other electronic or any other means with ANGELENA CANIZARES; and is to refrain
from assault, harassment, aggravated harassment, menacing, reckless endangerment,
strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal
mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats or any criminal
offense against ANGELENA CANIZARES.
Deponent further states that deponent is informed by ANGELENA CANIZARES, that on
the above-mentioned date, time, and location, the defendant was inside of informant’s residence,
struck informant with a closed fist three times in the head causing informant to suffer physical
injuries including pain to her head, a small laceration to her lip and bruising to the back of her right
ear, as well as causing informant to experience annoyance and alarm.
Deponent further states that deponent is informed by ANGELENA CANIZARES that on
the above-mentioned date, time, and location, the defendant put informant in a chokehold and
applied pressure to informant’s neck causing informant to suffer physical injuries including but
not limited to loss of consciousness, pain and bruising to her neck, as well as causing informant to
experience annoyance and alarm.
False statements made herein are punishable as a class A misdemeanor pursuant to section
210.45 of the Penal Law.
Sworn to before me on October 24, 2023
Deponent
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FILED: RICHMOND COUNTY CLERK 11/28/2023 11:17 AM INDEX NO. 635038/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/28/2023 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF RICHMOND ---------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK FELONY -against- DANIEL ZUMMO, (M 26) -Defendant(s). ---------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF RICHMOND ) DETECTIVE MATTHEW KEMPER, shield #97 of the 121 Detective Squad, deposes and says as follows: On October 22 2023 at approximately 10:00 a.m in the vicinity of 42 Mersereau Avenue in the County of Richmond, State of New York, the defendant committed the offense(s) of: 1. PL 215.52(1) Aggravated Criminal Contempt (2 Counts) 2. PL 215.51(BV) Criminal Contempt in the 1st Degree (2 Counts) 3. PL 121.12 Strangulation in the 2nd Degree (1 Count) Criminal Obstruction Of Breathing Or Blood Circulation -Apply 4. PL 121.11(A) Pressure (1 Count) 5. PL 120.00(1) Assault in the 3rd Degree (1 Count) 6. PL 215.50(3) Criminal Contempt in the 2nd Degree (2 Counts) 7. PL 240.26(1) Harassment in the 2nd Degree: Physical Contact (2 Counts) in that the defendant(s) did: in violation of a duly served order of protection, or such order which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued; with intent to 1 of 2 FILED: RICHMOND COUNTY CLERK 11/28/2023 11:17 AM INDEX NO. 635038/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/28/2023 harass, annoy, threaten or alarm a person for whose protection such order was issued, strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same; commit the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby cause stupor, loss of consciousness for any period of time, or any other physical injury or impairment.; with intent to impede the normal breathing or circulation of the blood of another person, he or she applies pressure on the throat or neck of such person; intentionally cause physical injury; engage in intentional disobedience or resistance to the lawful process or other mandate of a court in a case not involving or growing out of a labor dispute; and with intent to harass, annoy or alarm another person struck, shoved, kicked or otherwise subjected such other person to physical contact, or attempted or threatened to do the same. The offenses were committed under the following circumstances: Deponent states that there is a valid Order of Protection in effect and that said Order was issued on July 24, 2023 by the Honorable John McPadden, pursuant to Richmond County Criminal Court docket number CR-004291-23RI and is valid until July 23, 2024. Deponent further states that defendant had knowledge of said order of protection because said order indicates that defendant was advised in Court of the issuance and contents of said order and said order was personally served on defendant in court. Deponent further states that said order indicates that the defendant is to stay away from ANGELENA CANIZARES’s person, home, place of employment, and school; refrain from any communication or any other contact by mail, telephone, e-mail, voice- mail or other electronic or any other means with ANGELENA CANIZARES; and is to refrain from assault, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats or any criminal offense against ANGELENA CANIZARES. Deponent further states that deponent is informed by ANGELENA CANIZARES, that on the above-mentioned date, time, and location, the defendant was inside of informant’s residence, struck informant with a closed fist three times in the head causing informant to suffer physical injuries including pain to her head, a small laceration to her lip and bruising to the back of her right ear, as well as causing informant to experience annoyance and alarm. Deponent further states that deponent is informed by ANGELENA CANIZARES that on the above-mentioned date, time, and location, the defendant put informant in a chokehold and applied pressure to informant’s neck causing informant to suffer physical injuries including but not limited to loss of consciousness, pain and bruising to her neck, as well as causing informant to experience annoyance and alarm. False statements made herein are punishable as a class A misdemeanor pursuant to section 210.45 of the Penal Law. Sworn to before me on October 24, 2023 Deponent 2 of 2