| People v Burton (Rodney) |
| 2014 NY Slip Op 50216(U) [42 Misc 3d 141(A)] |
| Decided on February 7, 2014 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Criminal Court of the City of New York, Kings County
(John H. Wilson, J.), dated March 11, 2011. The order summarily adjudged defendant in
criminal contempt of court and imposed a sentence of 30 days of incarceration.
ORDERED that the order is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to time served; as so modified, the order is affirmed.
Defendant was summarily adjudged in criminal contempt of court (see Judiciary Law §§ 750, 751). Under the circumstances of this case, an adequate record exists to review on direct appeal the issue raised by defendant (see People v Sanders, 58 AD2d 525 [1977] People v Clinton, 42 AD2d 815 [1973] People v Zweig, 32 AD2d 569 [1969] People v Boston, 8 Misc 3d 130[A], 2005 NY Slip Op 51039[U] [App Term, 2d & 11th Jud Dists 2005] see also People v Webb, 159 AD2d 289 [1990]).
The sole issue raised on appeal is the excessiveness of the sentence imposed of 30 days of incarceration. Upon a review of the record, as a matter of discretion in the interest of justice, we reduce the sentence imposed to time served.
Aliotta, J.P., Pesce and Solomon, JJ., concur.
Decision Date: February 07, 2014