Majority
p. 547The People of the State of New York, Respondent, v. Charles Luciano, Thomas Pennochio, David Betillo, James Frederico, Abraham Wahrman and Ralph Liguori, Appellants. Submitted October 4, 1937; decided October 6, 1937.
William Copeland Dodge, District Attorney (Thomas E. Dewey and Stanley H. Fuld of counsel), for motion.
Martin Conboy, David Asch, F. W. H. Adams, Moses Polakoff, George Morton Levy, Samuel Hassen, Joseph Selman and Lorenzo C. Carlino opposed.
p. 548
Motion to eliminate the supplemental record and to dismiss appeal granted to this extent: Motion to eliminate from the record on appeal all proceedings upon the motion for a new trial upon the ground of newly-discovered evidence is granted. This court has no power to review the discretionary order made on such motion except in cases of murder in the first degree.