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Matter of Ungar v. Sarafite

Court of Appeals of the State of New York
Feb 28, 1963
12 N.Y.2d 1013 (N.Y. 1963)

Opinion

Argued January 23, 1963

Decided February 28, 1963

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. SARAFITE, J.

Eve M. Preminger for appellant.

Frank S. Hogan, District Attorney ( H. Richard Uviller and Richard R. Lutz of counsel), for respondent.

Rhoda Hendrick Karpatkin for New York Civil Liberties Union, amicus curiae.


In the first above-entitled proceeding: Order affirmed, without costs. (See Matter of Ungar, decided herewith.) No opinion.

In the second above-entitled proceeding: Order affirmed, without costs. However, we point out that where the alleged contempt consists of the making of charges of wrongdoing by the Trial Judge himself he should, where disposition of the contempt charge can be withheld until after the trial and where it is otherwise practicable, order the contempt proceeding to be tried before a different Judge. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS concurs in result only.


Summaries of

Matter of Ungar v. Sarafite

Court of Appeals of the State of New York
Feb 28, 1963
12 N.Y.2d 1013 (N.Y. 1963)
Case details for

Matter of Ungar v. Sarafite

Case Details

Full title:In the Matter of SIDNEY J. UNGAR, Appellant, v. JOSEPH A. SARAFITE, as…

Court:Court of Appeals of the State of New York

Date published: Feb 28, 1963

Citations

12 N.Y.2d 1013 (N.Y. 1963)
239 N.Y.S.2d 135
189 N.E.2d 629

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