People v. Hatcher

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered May 2, 2002, convicting defendant, after a jury trial, of four counts of criminal contempt in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 4 to 8 years, and order, same court and Justice, entered on or about June 19, 2002, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion, made on the ground that the prosecutor had violated the trial court’s…