While tardiness by trial counsel following recesses and adjournments is not to be condoned, such conduct here is not a willful wrong within the meaning of section 750 of the Judiciary Law, particularly where, as here, the tardy attorney apologizes to the court and jury and the trial continues without prejudice to any party. Neither can we say the relatively brief periods of tardiness here established a willful disregard of or an affront to the court's mandate or dignity ...
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