Legal Opinion

People v. . Shilitano

New York Court of Appeals

Decided May 9, 1916PublishedCited by 169 opinions

Appeal from a judgment of the Court of General Sessions of the Peace in the county of New York, rendered March 6, 1914, upon a verdict convicting the defendant of the crime of murder in the first degree. Also, appeal from an order of said court, entered October 5, 1915, denying a motion for a new trial on the ground of newly-discovered evidence. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Court of General Sessions of the Peace in the county of New York, rendered March 6, 1914, upon a verdict convicting the defendant of the crime of murder in the first degree. Also, appeal from an order of said court, entered October 5, 1915, denying a motion for a new trial on the ground of newly-discovered evidence. The facts, so far as material, are stated in the opinion. The court committed substantial error in admitting over defendant’s objection the testimony of the witness Sellitto and the testimony of the witness Verno as to conversations with the brother…

1Opinion of the Court

Seabury, J.:

The defendant appeals from a judgment entered upon a verdict convicting him of the crime of murder in the first degree and from an order denying a motion for a new trial. In June, 1915, this case was before this court. At that time the alleged newly-discovered evidence was in the form of defectively prepared affidavits and this court suspended its determination until such time as the witnesses making the affidavits referred to could be orally examined and cross-examined. (People v. Shilitano, 215 N. Y. 715.) Since that time evidence has been orally taken and considered by the…

2Cases cited9 opinions

  1. People v. . KatzNew York Court of Appeals · 1913
  2. People v. . PrioriNew York Court of Appeals · 1900
  3. People v. . BeckerNew York Court of Appeals · 1915
  4. Hoag v. . WrightNew York Court of Appeals · 1903
  5. Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by169 opinions

  1. Larrison v. United StatesCourt of Appeals for the Seventh Circuit · 1928
  2. Evans v. MonaghanNew York Court of Appeals · 1954
  3. People v. BennettNew York Court of Appeals · 1992
  4. People v. CrimminsNew York Court of Appeals · 1975
  5. Madison v. StateCourt of Appeals of Maryland · 2001

164 more not listed; retrieve them via the Exa API.

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