6 Misc. 2d 561 | New York Court of Special Session | 1957
The motion of the defendant to set aside the judgment of conviction for the crime of book-making upon the ground that the evidence presented at the trial was insufficient in law and fact to warrant said judgment, is denied. I know of no authority that permits a Trial Judge of this court to set aside a conviction on the grounds urged; were such authority conferred upon me, as the Trial Judge, I would hold, after reading the minutes of the trial, that the conviction should stand. The remedy of the defendant, if he feels aggrieved and wishes to urge such grounds, is by appeal. “ There was no inherent power in any court to grant new trials under the common law and this power can only be conferred upon a court by statute ” (People v. Lamboray, 152 Misc. 206, 207). Subdivision 4 of section 31 of the New York City Criminal Courts Act authorizes this court to apply the provisions of the Code of Criminal Procedure to the practice and procedure in this court, and therefore, a motion for new trial is governed by the provisions thereof with the exception hereinafter noted. This section reads as follows: ‘‘ All sections of the code of criminal procedure consistent with this act regulating and controlling