292 N.Y. 109 | NY | 1944
In People v. Antonio (
The newly discovered evidence has been considered. The court, by a majority vote, has concluded that the motion for a new trial upon such evidence has been properly denied, and that the judgment of conviction should be affirmed.
The dissenting Judges believe that the case is too close to permit of the view that the new matter could not change the result and accordingly vote for a new trial.
The Chief Judge and Judge RIPPEY also find further support in the new matter for their opinion that this judgment is against the weight of the evidence. *111
All concur in above Per Curiam opinion.
The judgment of conviction should be affirmed.
LEWIS, CONWAY, DESMOND and THACHER, JJ., concur; LEHMAN, Ch. J., LOUGHRAN and RIPPEY, JJ., dissent and vote for a new trial.
Judgment of conviction affirmed.