New York Court of Appeals, 1952

People v. Girardi

People v. Girardi
New York Court of Appeals · Decided March 13, 1952
303 N.Y. 887; 105 N.E.2d 109; 1952 N.Y. LEXIS 1344

People v. Girardi

Opinion of the Court

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 at this time. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

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