People v. Padgett

267 N.E.2d 485, 27 N.Y.2d 1004, 318 N.Y.S.2d 751, 1970 N.Y. LEXIS 933

Opinion

Motion to amend remittitur granted to the extent that the return of remittitur is requested and, upon return, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Whether the rights of the defendant under the Sixth and Fourteenth Amendments were denied. The defendant urged that his rights thereunder were violated by reason of a denial of effective assistance of counsel upon his trial and upon a motion in arrest of judgment. The Court of Appeals held that there was no denial of the defendant’s constitutional rights. [See 27 N Y 2d 841.]