Di Silvestro v. Court of Special Sessions

Application under article 78 of the Civil Practice Act for an order in the nature of prohibition, restraining the Court of Special Sessions of the City of New York, Queens County, from further proceeding upon an information filed by the District Attorney charging petitioner with violation of section 483 of the Penal Law, and for incidental relief.

The information was based upon the return of the Magistrate presiding in the Felony Court and his order, after hearing, holding petitioner for trial in the Court of Special Sessions. Of the several grounds urged, but two need to be here considered.

The…