Doyle v. Aison

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to, inter alia, expunge an order holding petitioner in criminal contempt of court.

Petitioner, who was subpoenaed as a witness for the defense in a murder trial, appeared in Montgomery County Court wearing a T-shirt which bore the statement, "If assholes could fly this place would be an airport.” After petitioner took the stand, respondent held a side bar discussion with the attorneys and then sent the jurors to the jury room. Responding to respondent’s questions about the propriety of the T-shirt as…