Werlin v. Goldberg

Brown, J. P. (dissenting).

The petitioner’s conduct during the course of the underlying criminal trial was insolent, intemperate and abusive. By any definition, it exceeded the bounds of proper advocacy (see, Code of Professional Responsibility DR 7-106 [C] [6]), and should not be condoned. Nevertheless, I am not prepared to vote to sustain a finding of criminal contempt under the circumstances of this case, for I question both the necessity of the summary exercise of the contempt power as a means to discipline the petitioner and the manner in which that extraordinary procedure was employed by…