People v Inserra (Peter)

[*1] People v Inserra (Peter) 2005 NY Slip Op 50176(U) Decided on February 17, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 17, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: February 17, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2002-757 Q CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

PETER INSERRA, Appellant.

Appeal by defendant from a judgment of the Criminal Court, Queens County (W. Erlbaum, J.), rendered on May 8, 2002, after a non-jury trial, convicting him of criminal contempt in the second degree (Penal Law § 215.50 [3]) and imposing sentence.

Judgment of conviction unanimously affirmed.

This matter is before the court upon remitittur from the Court of Appeals, which held that the accusatory instrument charging defendant with criminal contempt in the second degree (Penal Law § 215.30 [3]) was legally sufficient (___ NY2d ___, 2004 NY Slip Op 08786 [Nov. 30, 2004]). Inasmuch as the legal sufficiency of the accusatory instrument was the sole issue raised upon this appeal, the judgment of conviction is affirmed.
Decision Date: February 17, 2005