New York Court of Appeals, 1934

People v. Antonio

People v. Antonio
New York Court of Appeals · Decided July 16, 1934 · <italic>Per Curiam.</italic>
192 N.E. 310; 265 N.Y. 246; 1934 N.Y. LEXIS 1021 (North Eastern Reporter)

People v. Antonio

Opinion of the Court

*247 Per Curiam.

The motion for reargument must be denied. It presents no points overlooked or misapprehended by the court on the original decision. New matter cannot be considered on a motion for reargument.

For the guidance of future cases, the court states the following rule: After affirmance of judgment of death, no stay of execution can be granted except by the Governor. (Code Crim. Pro. § 495.) The only stay of proceedings of course on appeal in death cases is that provided for on appeal to the Court of Appeals from a judgment of conviction. (Code Crim. Pro. § 528.)

Pound, Ch. J., Crane, O’Brien, Hubbs and Crouch, JJ., concur; Loughran, J., taking no part in the decision of the motion for reargument as he did not sit on the original hearing of the appeal; Lehman, J., not sitting.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.