Majority
p. 749
In the Matter of the Applications of Algernon I. Nova, as Attorney for and on Behalf of Morris Barlow Diamond and Another, Petitioner, for an Alternative Prohibition Order, v. The Supreme Court of the State of New York and Others, Respondents.
Applications for prohibition order denied. We think the order of the Special Term, transferring the indictment to the Supreme Court, was justified, both by virtue of the power inherent in the Supreme Court under the common law, and by the provisions of subdivision 4 of section 22 of the Code of Criminal Procedure. Present — Kelly, P. J., Rich, Manning, Kelby and Young, JJ.