People v. Shilitano
New York Court of Appeals
Appeal from a judgment of the Court of G-eneral 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 entered April 13, 1915, denying a motion for a new trial.
1Opinion of the CourtCardozo, J.
The defendant moved in the court below for a new trial on the ground of newly-discovered evidence. He submitted statements of four witnesses, three of whom are claimed to have retracted the testimony given by them for the prosecution on the trial. These statements are styled affidavits, but they are not such affidavits as are contemplated by the law. They do not show»the venue; they are not entitled in the action (Code Crim. Pro. § 683); they are not proved to have been delivered for use in any pending judicial proceeding; they are *716merely statements to a newspaper, signed and sworn to before…
2Cited by9 opinions
- People v. . ShilitanoNew York Court of Appeals · 1916
- People v. DurlingNew York Court of Appeals · 1952
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ArataNew York Court of Appeals · 1930
- People v. CooperNew York Court of Appeals · 1954
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