People v. Rea

Under the common law it was the practice upon conviction in criminal cases to reserve mooted ■ questions of law and meanwhile stay the execution of the sentence but under the Code of Criminal Procedure the execution can be stayed only upon the certificate of the court in which the conviction was had, if a court of. record or of the Supreme Court, that “there is reasonable doubt whether the judgment should stand.” Code Crim. Pro. § 527; People v. Hyde, 78 Misc. Rep. 480. In neither civil nor criminal proceedings does an appeal stay the execution of the judgment but in, civil actions a stay may…