Appellate Division of the Supreme Court of New York, 1961

People v. Downing

Appellate Division of the Supreme Court of New York · Decided October 19, 1961

14 A.D.2d 822; 220 N.Y.S.2d 586; 1961 N.Y. App. Div. LEXIS 8469

Opinion of the Court

Memorandum: On the papers before us, it appears that the Magistrate is disqualified and a motion may be made before trial to disqualify him. All concur. (Appeal from order of Oneida Supreme Court denying a motion for a certificate that a charge of disorderly conduct pending in Justice Court *823be prosecuted by indictment by Grand Jury.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.

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