254 A.D. 865 | N.Y. App. Div. | 1938
The petitioner, Henry G. Singer, applies for an order (Civ. Prac. Act, art. 78) which shall restrain respondents from proceeding with, entertaining, determining or making any order with respect to the application made by notice of motion dated April 19, 1938, of Special Assistant Attorney-General Hiram C. Todd, Esq., addressed to and now pending before Hon. Erskine C. Rogers, Justice of the Supreme Court, for an order directing that Henry G. Singer, petitioner, be tried together with William W. Kleinman and Giuseppe F. L. Dardis under indictment No. 14. Application for such order of restraint granted. The same petitioner applies for a further order (Civ. Prac. Act, art. 78) which shall restrain the same respondents from proceeding with the trial of petitioner upon indictment No. 14 before respondent Justice Erskine C. Rogers. Application for such order of restraint denied. The application first mentioned is in effect an appeal from an order of severance (Code Grim. Proe. § 391) previously made at Special Term. No such review is lawful. (People v. McLaughlin, 150 N. Y. 365, 367.) All proceedings in criminal cases, generally speaking, are governed by the Code of Criminal Procedure. (People v. Redmond, 225 N. Y. 206, 208; Code Grim. Proe. § 22.) Unless justification for the order of joinder,