Opinion
March, 1935.
Appeal from County Court of Queens County.
Were this appeal here on the merits it would require affirmance. It must, however, be dismissed, since a commitment for criminal contempt may not be tested by appeal. A criminal contempt in the sense of a willful disobedience during the course of a criminal trial is not a special proceeding within the meaning of section 515 of the Code of Criminal Procedure. ( People ex rel. Taylor v. Forbes, 143 N.Y. 219; People ex rel. Nunns v. County Court, 188 App. Div. 424.) The remedy is by certiorari. Appeal dismissed. Lazansky, P.J., Hagarty, Tompkins, Davis and Johnston, JJ., concur.