The Attorney-General, on behalf of the respondent Justice, has made a cross motion to dismiss the petition on the ground that it is insufficient in law. There is no dispute as to any of the material facts; only a question of law is presented. The application of the District Attorney is granted; and the cross motion of the Attorney-General is denied, without costs. Pursuant to rule 5 of the rules promulgated by this court for the Criminal Term of the Supreme Court, Kings County...
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