Mitchell v. Wiggins

Determination unanimously modified in the exercise of discretion and as modified confirmed without costs in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to review a summary criminal contempt adjudication made against her by respondent during the course of a criminal trial at which petitioner was a material witness. We conclude that respondent’s finding of summary criminal contempt was authorized because petitioner’s contemptuous, evasive and insolent behavior while on the witness stand, displayed in the immediate view and presence of the…