Opinion
2018–03768 Ind. No. 1281/16
02-16-2022
The PEOPLE, etc., respondent, v. Michael SAENGER, appellant.
Patricia Pazner, New York, NY (Jenna Hymowitz and Tammy Linn of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot and Aharon Diaz of counsel), for respondent.
Patricia Pazner, New York, NY (Jenna Hymowitz and Tammy Linn of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot and Aharon Diaz of counsel), for respondent.
ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Stephanie Zaro, J.), rendered March 9, 2018, convicting him of criminal contempt in the first degree, aggravated family offense, and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is modified, on the law, by vacating the conviction of criminal contempt in the second degree and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
As the People correctly concede, the defendant's conviction of criminal contempt in the second degree must be vacated since that count is a lesser included offense of the crime of criminal contempt in the first degree ( Penal Law §§ 215.50[3], 215.51[c] ; see People v. Mingo, 66 A.D.3d 1043, 1045, 887 N.Y.S.2d 666 ).
The defendant's remaining contentions are unpreserved for appellate review and we decline to reach them in the exercise of our interest of justice jurisdiction.
IANNACCI, J.P., RIVERA, MALTESE and FORD, JJ., concur.