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People v. Girardi

303 N.Y. 887 Court N.Y. Decision date 1952-03-13 English

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p. 887
The People of the State of New York, Respondent, v. Louis Girardi, Appellant.
Argued January 22, 1952;
decided March 13, 1952.
p. 888
Sydney Rosenthal and Keal Kaufman for appellant.
T. Vincent Quinn, District Attorney (Benjamin J. Jacobson of counsel), for respondent.

Judgment affirmed. Appeal from order denying a new trial on the ground of newly discovered evidence dismissed, since such an order in a noncapital case is not reviewable by this court (People v. Luciano, 275 N. Y. 547 ). This is without prejudice to a new motion by defendant, if he be so advised, by way of coram nobis, to make the same contentions as in his previous motion for a new trial, as to the merits or effect of which contentions this court takes no position at this time. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

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