
    The People of the State of New York, Respondent, v. Eugene M. Downing, Appellant.
   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. (Appeal from order of Oneida Supreme Court denying a motion for a certificate that a charge of disorderly conduct pending in Justice Court be prosecuted by indictment by Grand Jury.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.  