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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK MISTRETTA; Appellant.

Judgment affirmed. Appeal from an order denying a new trial on the ground of newly discovered evidence dismissed, since such an order in a noncapital case is not reviewable by this court ( People v. Luciano, 275 N.Y. 547). No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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PEOPLE v. MISTRETTA
(Dec 30, 1959)