People v. Berardi

The letter of defendant’s attorney dated January 31, 1964 is treated as an application for reargument. [See 41 Misc 2d 736.]

The sole contention presently raised is with respect to the final ground urged by defendant in his motion to dismiss the indictment, that the indictment was defective for failure to allege intent on the part of defendant to commit the crime of criminal contempt or to defy the dignity and authority of the court.

Defendant argues that People v. Post Std. Co. (13 N Y 2d 185) is applicable to any criminal contempt. It was there held that it was necessary to plead intent in an…