People v. Mistretta, 164 N.E.2d 730 (NY 1959). · Go Syfert
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People v. Mistretta, 164 N.E.2d 730 (NY 1959). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: The People v. Clifford Jones (ny, 2014-12-19)
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discussed Cited "see" The People v. Clifford Jones (2×)
NY · 2014 · signal: see · confidence high
Prior to the statute's enactment, however, this Court declined to review postjudgment arguments that the Appellate Division abused its discretion in denying a defendant's motion for a new trial based on newly discovered evidence, holding that "[t]he right to review of such an order [in a noncapital case] ceases at the Appellate Division" (People v Fein, 18 NY2d 162, 169 [1966], cert denied 385 US 649 [1967], reh denied 386 US 978 [1967] [citations omitted]; see People v Mistretta, 7 NY2d 843, 844 [1959]; People v Girardi, 303 NY 887 [1952]; People v Luciano, 275 NY 547, 548 [1937], cert denied…
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The People of the State of New York
v.
Frank Mistretta
New York Court of Appeals.
Dec 30, 1959.
164 N.E.2d 730
John R. Davison for appellant., Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for respondent.
Cited by 3 opinions  |  Published

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). No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Fboessel, Van Vqoehis and Bubke,