People v. Ashby

The burden is upon the accused to demon-

strate the necessity and reasonableness of the certificate of removal. While the statute does not set forth criteria, the leading ease of People v. Rosenberg (59 Misc. 342) sets forth the customary factors which may be considered:

1. The case presents intricate and complicated questions of fact.

2. That the case presents difficult questions of law.

3. That a property right is involved.

4. That a decision may be far-reaching in its effect and may become a precedent which will regulate a matter of general interest.

5. That the case is of exceptional character,…