People v. La Barth

227 N.E.2d 404, 19 N.Y.2d 859, 280 N.Y.S.2d 590, 1967 N.Y. LEXIS 1564

Opinion

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented a question under the Constitution of the United States, viz.: Defendant La Barth contended that the denial of his application for inspection of his confession was a denial and deprivation of his rights under the Sixth and Fourteenth Amendments to the Constitution of the United States. The Court of Appeals, basing its decision upon an independent non-Federal ground, held that defendant’s plea of guilty constituted a waiver of this point on appeal, and that said plea of guilty was not coerced by the denial of defendant’s application to inspect his confession. [See 19 N Y 2d 649.]