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265 N.Y. 246

192 N.E 310

People v. Antonio

New York Court of Appeals

Decided July 16, 1934

New York Court of Appeals · decided 1934-07-16

Cited by 1 later decisions — most recently January 1944

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1934-07-16

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*247 Per Curiam.

¶1 The motion for reargument must be denied. It presents no points overlooked or misapprehended by the court on the original decision. New matter cannot be considered on a motion for reargument.

¶2 For the guidance of future cases, the court states the following rule: After affirmance of judgment of death, no stay of execution can be granted except by the Governor. (Code Crim. Pro. § 495.) The only stay of proceedings of course on appeal in death cases is that provided for on appeal to the Court of Appeals from a judgment of conviction. (Code Crim. Pro. § 528.)

¶3 Pound, Ch. J., Crane, O’Brien, Hubbs and Crouch, JJ., concur; Loughran, J., taking no part in the decision of the motion for reargument as he did not sit on the original hearing of the appeal; Lehman, J., not sitting.

¶4 Motion denied.

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