Where the offense is committed upon the trial of an issue referred to a referee appointed by the court, or consists of a witness's non-attendance, or refusal to be sworn or testify, before him, the application prescribed in this section may be made returnable before him or before the court. The application shall contain on its face a notice that the purpose of the hearing is to punish the accused for a contempt of court, and that such punishment may consist of fine or imprisonment, or both, according to law.
New York Legal Code