Boasberg v. Munson

Memorandum: The general *952exception to the charge of the court served no useful purpose and was improper. We may not, however, in the absence of facts evidencing an intent to defy the dignity and authority of the court, hold that the taking of such an exception constitutes a criminal contempt. Intent is a necessary element in criminal contempt (see People ex rel. Bernstein v. La Fetra, 171 App. Div. 269, 275, and Matter of Rotwein [Goodman], 291 N. Y. 116, 122). In order to determine whether petitioner acted with such intent we may look only to the mandate of commitment wherein are recited the…