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PEOPLE v. HORTON

47 Misc.2d 58 (1965)

The People of the State of New York, Plaintiff, v. Charles Horton, Louis Alvarez and Leroy Birch, Defendants.

Supreme Court, New York County.

May 26, 1965

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Robert Reynolds of counsel), for plaintiff. Anthony F. Marra and Rolon W. Reed for Charles Horton, defendant. Seymour Ostrow (Patrick M. Wall of counsel), for Louis Alvarez, defendant. Harold O. N. Frankel for Leroy Birch, defendant.

IRWIN D. DAVIDSON, J.

By order of the Court of Appeals (15 N.Y.2d 722) a hearing has been mandated to inquire into the voluntariness of the defendants' confessions.

The defendant, Alvarez, moves that the court disqualify itself on the ground that the court authored a book entitled "The Jury Is Still Out" which concerned itself with the instant case. It is claimed that...

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