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PEOPLE v. SAENGER

2018-03768. Ind. No. 1281/16.

202 A.D.3d 1001 (2022)

159 N.Y.S.3d 720

2022 NY Slip Op 01049

The People of the State of New York, Respondent, v. Michael Saenger, Appellant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

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.

Iannacci, J.P., Rivera, Maltese and Ford, JJ., concur.

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...

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