People v. Kealey

307 N.E.2d 564, 33 N.Y.2d 897, 352 N.Y.S.2d 449, 1973 N.Y. LEXIS 916

Opinion

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following; Upon appeal herein there was presented and necessarily passed upon the following question under the Constitution of the United States, viz.: Defendant-appellant argued that he had been denied due process of law because the statute under which he was convicted (Penal Law, § 125.10) is unconstitutionally vague. The Court of Appeals held that appellant’s constitutional rights were not violated. [See 33 N Y 2d 818.]