People ex rel. Cirillo v. Warden of City Prison

Froessel, J. (dissenting).

I dissent. A recital, in the presence of the court, of events which took place outside the presence of the court is not an event which occurred in the court’s immediate view and presence within the purview of section 751 of the Judiciary Law.

Although the testimony given before the Grand Jury was read to the court at the contempt hearing, there was no refusal by relator to answer in the presence of the court. Indeed, the District Attorney, recognizing that relator did not state in open court that he would not answer the question, argued that the refusal to answer…