Gumbs v. Martinis

Stevens, P. J. (dissenting).

The question to he resolved is not whether a court has the power to hold a person in contempt. It has such power. Rather the question is whether respondent acted within the exercise of such power or in excess of it.

Section 750 of the Judiciary Law declares the power of a court to punish for criminal contempt and enumerates the acts or grounds upon which such action shall he based. Without reciting at length all of the various grounds there set forth, reference is made only to those eventually enunciated and adopted by respondent, namely, subdivisions 1, 2, 3 and 4…