People v. Shapiro , 3 N.Y.2d 203 ( 1957 )

Desmond, J. (concurring).

I concur in the result only. Because of the distinctions heretofore made and now being made as to the various post-judgment remedies in criminal causes, no clear rule or rules exist and each case must be decided according to its own equities.

Conway, Ch. J., Dye, Froessel and Van Voorhis, JJ., concur with Burke, J.; Desmond, J., concurs in result only in a separate memorandum; Fuld, J., taking no part.

Order affirmed.