Opinion
Argued July 16, 1934
Decided July 16, 1934
Appeal from the Albany County Court.
John T. Delaney, District Attorney ( Joseph J. Casey of counsel), for motions.
Daniel H. Prior for Anna Antonio, opposed.
Charles J. Duncan for Sam Faraci, opposed.
An appeal does not lie to the Court of Appeals from an order of the trial court denying a motion for a new trial on the ground of newly-discovered evidence made after the affirmance of a judgment of death. ( People v. Mayhew, 151 N.Y. 607.)
The motions should, therefore, be granted and the appeals dismissed.
POUND, Ch. J., CRANE, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ., concur; LEHMAN, J., not sitting.
Appeals dismissed.