Opinion
No. 11–P–1268.
2012-10-16
COMMONWEALTH v. Brian M. LALLY.
By the Court (GRASSO, KANTROWITZ & GRAHAM, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Upon review of the briefs, record, and transcript, nothing has been made to appear that would cause us to reverse the judgment of contempt. The record supports the judge's finding that the defendant's conduct was wilfully contumacious beyond a reasonable doubt. See generally Commonwealth v. Brunnell, 65 Mass.App.Ct. 423, 427–429 (2006). Moreover, the judge was not required to give a prior warning before treating the contempt summarily. Id. at 427. See Mass.R.Crim.P. 43(a), 378 Mass. 919 (1979).
Accordingly, based substantially on the reasoning and authorities set out in the Commonwealth's brief, we affirm the judgment of contempt.
So ordered.