People v. Gonzalez
331 N.Y.S.2d 340
N.Y. App. Div.
1972
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Appeal from the order, Supreme Court, Bronx County, entered August 25, 1970, denying without a hearing defendant’s motion for a new trial is dismissed. No appeal lies from an order denying a motion for a new trial based on newly discovered evidence (People v. Greene, 24 A D 2d 848). Were not the appeal dismissed, the order would be affirmed on the merits. Concur — Nunez, J. P., Kupferman, McNally and Tilzer, JJ.