Opinion
Argued June 3, 1927
Decided June 21, 1927
Appeal from the Rensselaer County Court.
Frank S. Parmenter and John P. Judge for appellant.
Frederick C. Filley, District Attorney ( Philip J. Cirillo of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and KELLOGG, JJ.; O'BRIEN, J., votes for reversal and new trial on the ground that the trial court erroneously exercised its discretion in denying defendant's motion for a new trial on the ground of newly-discovered evidence.