People v. Becker
New York Supreme Court
Motion for a new trial under subdivision 7 of section 465 of the Code of Criminal Procedure.
1Opinion of the CourtFord, J.
This is a motion for a new trial, under subdivision 7 of section 465 of the Code of Criminal Procedure. It is made after defendant has been convicted of murder in the first degree and the conviction sustained by the Court of Appeals.
Such a motion could not be granted under the common law. Quimbo Appo v. People, 20 N. Y. 531. The power to grant it was conferred by statute in the Laws of 1859, chapter 339. That power now exists by virtue of sections 462-466 of the Code of Criminal Procedure. People v. Bonifacio, 119 App. Div. 719; affd., 190 N. Y. 150. The particular provision of the statute…
2Cases cited9 opinions
- People v. . GlenNew York Court of Appeals · 1903
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People v. . PrioriNew York Court of Appeals · 1900
- People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
- People v. . BonifacioNew York Court of Appeals · 1907
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3Cited by3 opinions
- State v. DavisSupreme Court of New Hampshire · 1928
- People ex rel. Albanese v. HuntDistrict Court, W.D. New York · 1939
- People v. StielowNew York Supreme Court · 1916