Defendant appeals from a judgment of the Criminal Court, Bronx County (Michael R. Sonberg, J.), rendered January 16, 2003, after a jury trial, convicting him of criminal contempt in the second degree, and imposing sentence.

PER CURIAM:
Judgment of conviction (Michael R. Sonberg, J.), rendered January l6, 2003, reversed, on the law, and accusatory instrument dismissed.

The trial court erred in refusing defendant's request to charge the defense of justification in connection with the criminal contempt count. The evidence, viewed in the light most
favorable to defendant (see People v Padgett, 60 NY2d 142, 144-145 [1983]), supported a possible conclusion that defendant reasonably believed that his single, brief telephone call to the complainant was "necessary as an emergency measure" to avoid an injury (Penal Law § 35.05(2)). Nor was the error harmless in the circumstances of this case.

Inasmuch as defendant has served his sentence, and the record does not demonstrate that further proceedings on the lone remaining misdemeanor criminal contempt charge here involved would serve any compelling "penological purposes" (People v Allen, 39 NY2d 916, 918 [1976]), we dismiss the accusatory instrument (see People v Flynn, 79 NY2d 879, 882 [1992]; People v Lei Song, 194 Misc 2d 716, 718 [2003]).

This constitutes the decision and order of the court.
Decision Date: April 19, 2006