People v. Kolakowski

260 A.D. 995, 25 N.Y.S.2d 4, 1940 N.Y. App. Div. LEXIS 5736

Opinion

Motion to appeal on longhand or typewritten papers denied. Memorandum: This is the second time that appellant’s motion has been denied on the ground that merit to the appeal is not shown. Appellant claims to have newly-discovered evidence that will prove his innocence. Such evidence cannot be considered on an appeal, but may be used on a motion for new trial in the trial court. Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.