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PEOPLE v. MISTRETTA

7 N.Y.2d 843 (1959)

The People of the State of New York, Respondent, v. Frank Mistretta, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

John R. Davison for appellant.

Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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...

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