Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE M. DOWNING, Appellant. Appeal dismissed on the ground that the order is non-appealable. Memorandum: On the papers before us, it appears that the Magistrate is disqualified and a motion may be made before trial to disqualify him. All concur.