Section 750. Power of courts to punish for criminal contempts  


Latest version.
  • 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.