PEOPLE v. GIRARDI


303 N.Y. 887 (1952)

The People of the State of New York, Respondent, v. Louis Girardi, Appellant.

Court of Appeals of the State of New York.

Decided March 13, 1952


Attorney(s) appearing for the Case

Sydney Rosenthal and Keal Kaufman for appellant.

T. Vincent Quinn, District Attorney (Benjamin J. Jacobson of counsel), for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.


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...

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