People v. Zito

In People v. Zito, N.Y.L.J., 10/16/2001, p. 22 Colo. 5, the Court stated that since the "stay away" parameter's are undefined by stature or case law "it behooves us to refine the limits and parameters [of] such restrictions [...] to be tailored to the particular facts and circumstances of each case." id. p.22. Otherwise, "the task [of ascertaining them] becomes much more difficult and eminently more open to lack of uniformity in its enforcement" on an "ad hoc basis, to decide whether a violation has occurred." The Court declared this was not a "preferable way of administering justice" with the attendant "specter of punishing someone unjustly for violating an order of protection." id., p.22. The Court concluded that sufficiently detailing the "stay away" portion of the order "would unsure that...[the] police, Court and individuals can clearly discern what acts or conduct constitute punishable violations." id., p.22.