Majority
p. 879The People of the State of New York, Respondent, v. Theodore R. Barnes, Appellant.
This court, on October 2, 1961 (ante, p. 778), having unanimously affirmed an order of the County Court, Queens County, dated November 4,1959, the defendant, pursuant to subdivision 1 of section 520 of the Code of Criminal Procedure, now makes application to the Honorable Gerald Nolan, Presiding Justice of this court, for leave to take a further appeal to the Court of Appeals. Such application for leave to appeal to the Court of Appeals is denied by Presiding Justice Nolan.