People v. Luciano
| Citation | 11 N.E.2d 747,275 N.Y. 547 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Charles LUCIANO and Others, Appellants. |
| Decision Date | 06 October 1937 |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Charles Luciano, alias Lucky Luciano, alias Charles Lucania, alias Lucky, alias Charles Lane, alias Charles Reid, alias Charles Ross, and others were convicted of conducting a large scale business of prostituting women. Charles Luciano was convicted in June, 1936, upon 62 counts of an indictment charging him with violating subsections 2, 4 and 8 of section 2460 of the Penal Law, Consol.Laws, c. 40, acting in concert with other men named in the same indictment. The defendants were found guilty of conducting and directing on a large scale the business of prostituting women, with features of wholesale oppression and corruption.
Luciano moved for a new trial under that portion of subsection 7 of section 465 of the Code of Criminal Procedure relating to newly discovered evidence, which gives the court power to grant a new trial ‘when it is made to appear, by affidavit, that upon another trial, the defendant can produce evidence such as, if before received would probably have changed the verdict.’ His codefendants likewise serving sentences for the offenses were permitted to join in the motion upon the same moving affidavits. The motion for new trial was denied by the trial court (164 Misc. 167, 299 N.Y.S. 132) on the ground that the defendants could not produce evidence such as would probably change the result. The Appellate Division, on July 16, 1937, (251 App.Div. 887, 298 N.Y.S. 629) affirmed the judgments and the orders and the defendants appealed to the Court of Appeals, and the People moved to eliminate the supplemental record and to dismiss the appeal.
Motion granted in part. Appeal from Supreme Court, Appellate Division, First department.
Motion to eliminate the supplemental record and to dismiss appeal granted to this extent: Motion to eliminate from the record on appeal all proceedings upon the motion for a new trial upon the ground of newly discovered evidence is granted. This court has no power to review the discretionary order made on such a motion except in cases of murder in the first degree.
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