2006 New York Code - Power Of Courts To Punish For Criminal Contempts.



 
    § 750. Power of courts to punish for criminal contempts.
    A.  A  court  of record has power to punish for a criminal contempt, a
  person guilty of any of the following acts, and no others:
    1. Disorderly, contemptuous, or insolent  behavior,  committed  during
  its sitting, in its immediate view and presence, and directly tending to
  interrupt  its  proceedings,  or  to  impair  the  respect  due  to  its
  authority.
    2. Breach of the peace, noise, or other disturbance, directly  tending
  to interrupt its proceedings.
    3. Wilful disobedience to its lawful mandate.
    4. Resistance wilfully offered to its lawful mandate.
    5.  Contumacious  and  unlawful  refusal to be sworn as a witness; or,
  after being sworn, to answer any legal and proper interrogatory.
    6. Publication of  a  false,  or  grossly  inaccurate  report  of  its
  proceedings.  But  a court can not punish as a contempt, the publication
  of a true, full, and fair report of  a  trial,  argument,  decision,  or
  other proceeding therein.
    7.  Wilful  failure  to  obey  any  mandate,  process or notice issued
  pursuant  to  articles  sixteen,  seventeen,  eighteen,  eighteen-a   or
  eighteen-b  of  the judiciary law, or to rules adopted pursuant thereto,
  or to any other statute relating thereto, or  refusal  to  be  sworn  as
  provided  therein,  or subjection of an employee to discharge or penalty
  on account  of  his  absence  from  employment  by  reason  of  jury  or
  subpoenaed  witness  service  in  violation  of  this chapter or section
  215.11 of the penal law.  Applications  to  punish  the  accused  for  a
  contempt  specified  in this subdivision may be made by notice of motion
  or by order to show cause, and shall be made returnable at the  term  of
  the supreme court at which contested motions are heard, or of the county
  court if the supreme court is not in session.
    B.  In  addition to the power to punish for a criminal contempt as set
  forth in subdivision A, the supreme court has power under  this  section
  to punish for a criminal contempt any person who unlawfully practices or
  assumes  to practice law; and a proceeding under this subdivision may be
  instituted on the court's own motion or on the  motion  of  any  officer
  charged  with the duty of investigating or prosecuting unlawful practice
  of law, or by any bar association incorporated under the  laws  of  this
  state.
    C.  A court not of record has only such power to punish for a criminal
  contempt as is specifically granted to it by statute and no other.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.