§ 750 — Power of courts to punish for criminal contempts

New York § 750

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 19: Contempts

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§ 750. Power of courts to punish for criminal contempts.\n A. A court of record has power to punish for a criminal contempt, a\nperson guilty of any of the following acts, and no others:\n 1. Disorderly, contemptuous, or insolent behavior, committed during\nits sitting, in its immediate view and presence, and directly tending to\ninterrupt its proceedings, or to impair the respect due to its\nauthority.\n 2. Breach of the peace, noise, or other disturbance, directly tending\nto interrupt its proceedings.\n 3. Wilful disobedience to its lawful mandate.\n 4. Resistance wilfully offered to its lawful mandate.\n 5. Contumacious and unlawful refusal to be sworn as a witness; or,\nafter being sworn, to answer any legal and proper interrogatory.\n 6. Publication of a false, or grossly inaccurate report of its\nproceedings. But a court can not punish as a contempt, the publication\nof a true, full, and fair report of a trial, argument, decision, or\nother proceeding therein.\n 7. Wilful failure to obey any mandate, process or notice issued\npursuant to articles sixteen, seventeen, eighteen, eighteen-a or\neighteen-b of the judiciary law, or to rules adopted pursuant thereto,\nor to any other statute relating thereto, or refusal to be sworn as\nprovided therein, or subjection of an employee to discharge or penalty\non account of his absence from employment by reason of jury or\nsubpoenaed witness service in violation of this chapter or section\n215.11 of the penal law. Applications to punish the accused for a\ncontempt specified in this subdivision may be made by notice of motion\nor by order to show cause, and shall be made returnable at the term of\nthe supreme court at which contested motions are heard, or of the county\ncourt if the supreme court is not in session.\n B. In addition to the power to punish for a criminal contempt as set\nforth in subdivision A, the supreme court has power under this section\nto punish for a criminal contempt any person who unlawfully practices or\nassumes to practice law; and a proceeding under this subdivision may be\ninstituted on the court's own motion or on the motion of any officer\ncharged with the duty of investigating or prosecuting unlawful practice\nof law, or by any bar association incorporated under the laws of this\nstate.\n C. A court not of record has only such power to punish for a criminal\ncontempt as is specifically granted to it by statute and no other.\n