Argued September 13, 2006. Decided October 17, 2006. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered November 1, 2005. The Appellate Division modified, on the law, a judgment of the Supreme Court, Bronx County (Patricia Anne Williams, J.), which had convicted defendant, upon a jury verdict, of five counts of criminal contempt in the first degree and, as a matter of discretion
No. 185. Argued November 16, 2006. Decided December 19, 2006. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered March 23, 2006. The Appellate Division, with two Justices dissenting, affirmed an order of the Supreme Court, Bronx County (John N. Byrne, J.), which had denied defendant's CPL 440.10 motion to vacate a judgment of that court (Lawrence Tonetti, J.), which had convicted defendant, upon