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People v. Mistretta

7 N.Y.2d 843 Court N.Y. Decision date 1959-12-30 English

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p. 843
The People of the State of New York, Respondent, v. Frank Mistretta, Appellant.
Argued November 24, 1959;
decided December 30, 1959.
p. 844
John R. Davison for appellant.
Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for respondent.

Judgment affirmed. Appeal from an 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 ). No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Fboessel, Van Vqoehis and Bubke,

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