People ex rel. Lutfey v. Byrne

Writ of certiorari dismissed. The writ is directed to a justice of the Supreme Court. The relator was committed pursuant to section 1628 of the Penal Law; it appeared to the respondent that the relator had committed the crime of perjury in an action tried before him. Such commitment is the same as a commitment by a city magistrate after a hearing, holding the accused to answer in another court. The hearing here was the trial in which the relator testified. A writ in a case like this can only be issued under article 77 of the Civil Practice Act. The provisions of article 78 do not apply. It…