PEOPLE v. BARRETT

867 KA 14-01484.

188 A.D.3d 1736 (2020)

137 N.Y.S.3d 230

2020 NY Slip Op 06899

The People of the State of New York, Respondent, v. Brian T. Barrett, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 20, 2020.


It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the conviction of criminal contempt in the first degree (Penal Law § 215.51[c]) under counts one and two of the indictment to criminal contempt in the second degree (§ 215.50[3]) and by vacating the sentence imposed on counts one and two of the indictment and imposing a definite sentence of 364 days' incarceration...

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