People v. . Patrick

Cullen, Ch. J.

Though I am one of the minority who dissented from the affirmance of the judgment of conviction in this case, I am entirely clear that the present motion for reargument should he denied. The grounds for such an application are stated by Judge Peckham in Fosdick v. Town of Hempstead (126 N. Y. 651): “ A motion for reargument must be founded on papers showing that some question decisive of the case and duly submitted by counsel has been overlooked by the court, or that the decision is in conflict with the statute or a controlling decision.” The learned judge further observed: “…