¶1Appeal from the order, Supreme Court, Bronx County, entered August 25, 1970, denying without a hearing defendant’s motion for a new trial is dismissed. No appeal lies from an order denying a motion for a new trial based on newly discovered evidence (People v. Greene, 24 A D 2d 848). Were not the appeal dismissed, the order would be affirmed on the merits. Concur — Nunez, J. P., Kupferman, McNally and Tilzer, JJ.
38 A.D.2d 906
People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1972
Appellate Division of the Supreme Court of the State of New York · decided 1972-03-14
Decided 1972-03-14