People v. Ziporyn

PRESIDING JUSTICE LINN

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant, Marvin Ziporyn, was convicted of indirect criminal contempt. The behavior deemed contemptuous occurred during a presentencing hearing when Ziporyn, a defense witness, after leaving the witness stand, walked over to prosecuting counsel and whispered a vile, obscene remark.

On appeal, defendant contends that (1) the trial court erred in finding his conduct contemptuous, (2) the trial court’s imposition of a sentence of periodic imprisonment and probation was an abuse…