In what circumstances will a relator be able to obtain a writ of habeas corpus and a prohibition against trying a defendant upon a Grand Jury indictment?

In People ex rel. Hirschberg v. Close, 1 N.Y.2d 258, 152 N.Y.S.2d 1, 134 N.E.2d 818, the relator sought to secure a writ of habeas corpus and also an order of prohibition against trying a defendant upon an indictment returned by a Grand Jury on the ground that the evidence before the committing magistrate was insufficient to warrant a holding for the Grand Jury and also that fundamental rights of relator to representation by counsel had been abridged by the committing magistrate.