Bailey v. State

DUFFY, Justice:

Defendant moved for reargument of the opinion denying his motion for a certificate of reasonable doubt. The renewal is based on precisely the same grounds alleged in the original motion but is supported by case citations and a lengthy appendix which includes a large part of the testimony given at trial. Counsel have advised the Court in letter memoranda of their respective views on both the procedure governing reargument and the merits of the motion.

Relying on People v. Politano, N.Y. Supr., 224 N.Y.S.2d 406 (1962), defendant argues that the test on the merits should be whether…