People v. Rudnick

The defendant moved to dismiss the information “ on the ground that the facts stated therein do not constitute a violation of section 114 of the Workmen’s Compensation Law of the State of New York nor a crime under any law of this State.” We think this motion was the equivalent of a demurrer to the information. (Code Crim. Proc. §§ 323, subd. 2, 324.) The Presiding Justice of the Court of Special Sessions entered upon the information the following indorsement: “ Motion to dismiss denied.” Since we think this entry was sufficient as an order disallowing the demurrer (Code Crim. Proc. § 326),…