New York Court of Appeals, 1959

People v. Mancini

People v. Mancini
New York Court of Appeals · Decided July 8, 1959
6 N.Y.2d 987; 161 N.E.2d 744

People v. Mancini

Opinion of the Court

Motions 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 were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Defendants contended that (1) the admission into evidence of a .45 automatic, which was *988not mentioned in the indictment of this case, deprived them of a fair trial; (2) the attempt of the prosecutor to establish that defendants were bound to produce alibi witnesses named in their bill of particulars deprived them of a fair trial; (3) the admission of a statement made before arraignment and claimed to have been made under duress deprived them of a fair trial, and (4) testimony concerning a conviction in another robbery case, which was reversed after this conviction, was instrumental in obtaining the conviction herein and thus deprived them of a fair trial in violation of their constitutional rights. The Court of Appeals held that appellants were not denied due process under the Fourteenth Amendment. [See 6 N Y 2d 853.]

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