Summary
In People v. Antonio (265 N.Y. 246), we held that "new matter cannot be considered on a motion for reargument" made after affirmance of a judgment of conviction of murder in the first degree. If reargument in such case is granted on some other ground, our practice has been to consider new matter brought out thereafter and before the rehearing of the appeal. (See People v. Peller, 291 N.Y. 438.)
Summary of this case from People v. ReganOpinion
Argued July 16, 1934
Decided July 16, 1934
Daniel H. Prior for motion.
John T. Delaney, District Attorney ( Joseph J. Casey of counsel), opposed.
The motion for reargument must be denied. It presents no points overlooked or misapprehended by the court on the original decision. New matter cannot be considered on a motion for reargument.
For the guidance of future cases, the court states the following rule: After affirmance of judgment of death, no stay of execution can be granted except by the Governor. (Code Crim. Pro. § 495.) The only stay of proceedings of course on appeal in death cases is that provided for on appeal to the Court of Appeals from a judgment of conviction. (Code Crim. Pro. § 528.)
POUND, Ch. J., CRANE, O'BRIEN, HUBBS and CROUCH, JJ., concur; LOUGHRAN, J., taking no part in the decision of the motion for reargument as he did not sit on the original hearing of the appeal; LEHMAN, J., not sitting.
Motion denied.