Opinion
July 5, 1967
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Kings County, dated January 31, 1967, which dismissed the writ. Appeal dismissed, without costs. Relator having been indicted on May 25, 1967 for the same crime involved in the preliminary hearing, the question of error in said hearing is rendered moot ( People ex rel. Hirschberg v. Close, 1 N.Y.2d 258). The error involved would have required a remission of the matter for a further preliminary hearing had the indictment not intervened. Relator had a statutory right to present witnesses at the preliminary hearing if she so desired (Code Crim. Pro., § 201). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Nolan, JJ., concur.