In Matter of Clute v. McGill, 229 AD2d 70 [3d Dept 1997] the District Attorney presented, and obtained, an indictment for misdemeanor charges. It appeared that the local court lost jurisdiction due to the issuance of the indictment. However, the Appellate Division, relying on the superior authority of the New York State Constitution, held where "the indictment . . . does not charge a felony, County Court has the constitutional authority to transfer the matter to any Justice Court having jurisdiction. Therefore, although Justice Court here initially lost jurisdiction by way of the ensuing indictment . . . it properly regained jurisdiction by way of a constitutionally authorized transfer." (229 AD2d at 72.)