In People v. Huck, 1 AD3d 935 (4th Dept 2003), the Court held that the felony of Aggravated Criminal Contempt, under which a Defendant intentionally or recklessly causes physical injury to a victim the defendant is prohibited from having contact with because of an order of protection, cannot serve as the predicate for a Second Degree Assault conviction under the statute at issue in the instant matter (PL 120.05 [6]). The Court held that the Defendant's conduct did not constitute Second Degree Assault because otherwise "every aggravated criminal contempt would also constitute assault in the second degree." (1 A.D.3d 935, 767 N.Y.S.2d 555.)