People v. Antonio — 265 N.Y. 246

Majority

p. 246

The People of the State of New York, Respondent, v. Anna Antonio, Appellant.

(Argued July 16, 1934;

decided July 16, 1934.)

Daniel H. Prior for motion.

John T. Delaney, District Attorney (Joseph J. Casey of counsel), opposed.

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.

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.)

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.

Motion denied.