Tuesday, March 29, 2011

Jail Time Sufficient

The New York Appellate Division for the Fourth Judicial Department vacated an order imposing a 30 day imprisonment for criminal contempt of court. The attorney had continued to practice while suspended.

The reason for the court's decision was not forgiveness. Rather, the attorney had been found guilty of grand larcery and sentenced to an indeterminate prison term of 1 1/3 to 4 years.

Inasmuch as respondent has been continuously incarecerated since his arrest in September 2009, and will likely remain incarcerated for an additional period of at least one year, the sentence of imprisonment previously imposed for his contempt of court is vacated and respondent is resentenced to an unconditional discharge.

The link above takes you to the court's web page. The case is Matter of Marmor.(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/03/jail-time-sufficient.html

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