
    The People of the State of New York, Respondent, v. Frank Mistretta, Appellant.
    Argued November 24, 1959;
    decided December 30, 1959.
    
      
      John R. Davison for appellant.
    
      Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for respondent.
   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, Fboessel, Van Vqoehis and Bubke,  