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265 N.Y. 247

192 N.E 311

People v. Antonio

New York Court of Appeals

Decided July 16, 1934

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

Relies on 5 E.H. Smith 607 - People v. . Mayhew

Decided 1934-07-16

Per Curiam.

¶1 An appeal does not lie to the Court of Appeals from an order of the trial court denying a motion for a new trial on the ground of newly-discovered evidence made after the affirmance of a judgment of death. (People v. Mayhew, 151 N. Y. 607.)

¶2 The motions should, therefore, be granted and the appeals dismissed.

¶3 Pound, Ch. J., Crane, O’Brien, Hubbs, Crouch and Loughran, JJ., concur; Lehman, J., not sitting.

¶4 Appeals dismissed.

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