
    The People of the State of New York, Respondent, v. Adam Nappi, Appellant.
    (Argued June 3, 1927;
    decided June 21, 1927.)
    
      Crimes — murder in first degree — judgment of conviction affirmed.
    
    Appeal from, a judgment of the Rensselaer County-Court, rendered December .18, 1926, upon a verdict convicting the defendant of the crime of murder in the first degree.
    
      Frank S. Parmenter and John P. Judge for appellant.
    
      Frederick C. Filley, District Attorney (Philip J. Cirillo of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ.; O’Brien, J., votes for reversal and new trial on the ground that the trial court erroneously exercised its discretion in denying defendant’s motion for a new trial on the ground of newly-discovered evidence.  