People v. Whitmore

273 N.E.2d 318, 29 N.Y.2d 646, 324 N.Y.S.2d 467, 1971 N.Y. LEXIS 1155

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 and necessarily passed upon a question under the Constitution of the United States, viz.: Whether appellant’s rights under the Fifth and Fourteenth Amendments were violated by the denial of his motion for a pretrial identification hearing. The Court of Appeals held there was no denial of appellant’s constitutional rights. [See 28 N Y 2d 826.]