PEOPLE v. SEIDMAN

Upon a complaint charging the defendant with violation of section 101, subdivision 2, of the New York State War Emergency Act (L. 1942, ch. 544, as amd.), the City Magistrate, without constituting himself a court of special sessions, proceeded summarily to try the appellant. From a judgment of conviction, the defendant appeals to this court. Appeal dismissed. Although the Magistrate was without jurisdiction to try the defendant ( People v. Aptaker, 25 N.Y.S.2d 950 [not officially reported]; People v. Quimby, 72 Misc. 421), the appellant's remedy is by appeal to the Appellate Part of the Court of Special Sessions. ( People v. Aptaker, supra; Code Crim. Pro. § 520.) Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ., concur.