People v Harris
2010 NY Slip Op 03538 [72 AD3d 1494]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York, Respondent, v Antwoin Harris, Appellant. (Appeal No. 3.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of counsel), for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (Michelle L. Cianciosa of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered September 4, 2008. The judgment convicted defendant, upon a nonjury verdict, of criminal contempt in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating that part of the sentence imposing a period of probation and as modified the judgment is affirmed.

Same memorandum as in People v Harris (72 AD3d 1492 [2010]). Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.