Order reversed and indictment dismissed. The crime charged in the indictment (taking unlawful fees, Penal Law, § 1826) was committed, if at all, in Nassau County (cf. Matter of Murtagh v. Leibowitz, 303 N. Y. 311, 316-317). Section 134 of the Code of Criminal Procedure is inapplicable.
Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke and Soileppi. Judge Keating dissents in the following opinion in which Judge Bergan concurs.