Hewitt v. State

This is a motion for an order directing a new trial on the ground of newly discovered evidence. The original trial was had before the Honorable William G. Easton, then a Judge of this court, who is now serving as a Supreme Court Justice, and for that reason the motion was heard by us. An award was made to the claimants for their land appropriated by the State (Hewitt v. State of New York, 33 Misc 2d 868). By notice of appeal dated September 25, 1961, the State appealed to the Appellate Division, Fourth Judicial Department, from the judgment entered thereon. The appeal has not been argued and…