| People of State of New York v Mohammed Ameer |
| Motion No: 2014-00452 KCR |
| Slip Opinion No: 2015 NY Slip Op 61395(U) |
| Decided on January 6, 2015 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Mohammed Ameer, Appellant. |
Motion by Eric T. Schneiderman, Attorney General of the State of New York, on behalf of John Hecht, J., a judge of the Criminal Court of the City of New York, Kings County, in effect, for leave to submit a respondent's brief on an appeal from a judgment of the Criminal Court of the City of New York, Kings County, rendered November 8, 2013, which summarily adjudged appellant in contempt of court pursuant to Judiciary Law article 19.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that the motion by the Attorney General is denied as academic.
Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily, review must be had under CPLR article 78 and not by way of direct appeal (see Judiciary Law §§ 752, 755; People v Percer, 90 AD3d 789 [2011]; Matter of Kelly v Kelly, 34 AD3d 809 [2006]).
ENTER:
Paul Kenny
Chief Clerk