People v. Hall

The defendant has been convicted in this court of the crime of attempted sodomy and now applies for a certificate of reasonable doubt.

The question upon this application is whether or not there are questions in the case of sufficient gravity to justify a review by the Appellate Division in advance of imprisonment. It is not necessary for the applicant to show that the judgment of conviction must be reversed but that there is reasonable doubt whether the judgment should stand. (People v. Wagner, 120 Misc. 214; People v. Martin, 91 id. 107.)

The indictment did not charge the crime of sodomy but…