People v. Buccufurri

Rich, J.:

This appeal is from an order denying appellant’s motion to resettle a case on appeal and to allow a proposed amendment so that it will contain an exception to the refusal of the trial court to charge as requested by appellant. The exception was in the proposed case on appeal, but was stricken out upon the settlement of the case upon the ground as stated in the memorandum of the learned justice at Special Term : “ Case and amendments settled — I must allow the 9th amendment. Stenographer’s Minutes show no exception taken or intimátion that counsel was not satisfied with the response…