People v. Porter

Gibbs, J.:

The defendant herein makes application for an order and certificate that it is reasonable that the charge pending against him (a violation of section 982 of the Penal Law — maintaining a slot machine gambling device on his premises) in the Court' of Special Sessions for the county of Bronx be prosecuted by indictment.

The cdurt is urged to exercise its discretion under section 57 of the Code of, Criminal Procedure “ -as exceptional and important questions are involved, which justify a trial by indictment in a court of record,” to use the words of the defendant *558on this application. He…