Opinion
April, 1931.
Present — Lazansky, P.J., Young, Kapper, Scudder and Davis, JJ.
Motion for reargument of motion to dismiss appeal denied. Motion for leave to appeal to the Court of Appeals granted, the following question to be certified: Was it error for the Appellate Division to have dismissed, for want of power to entertain, the appeal from the order of the County Court denying the motion to dismiss the indictment upon the ground of insufficient evidence before the grand jury?