People v. Horvatt

The defendant Andrew J. Horvatt, being already incarcerated, was not tried with the other defendants. Whenever the deféndants are referred to, we mean the defendants other than said Horvatt.

The defendants have been convicted under section 304 of the *279Penal Law. They have appealed to the Appellate Division and now apply for a certificate of reasonable doubt under sections 527 and 529 of the Code of Criminal Procedure.

The learned justice who presided at the trial having expressed a preference that this application be made to some other judge, it was made to and is entertained by this court.

It…