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.