New York Court of Appeals, 1963

Getting v. Simon

Getting v. Simon
New York Court of Appeals · Decided November 27, 1963
13 N.Y.2d 1057; 195 N.E.2d 761

Getting v. Simon

Opinion of the Court

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 were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Appellant contended that the request ” served upon him by respondent constituted an unlawful search under the Fourth Amendment, impermissible compulsion under the Fifth Amendment and a violation of due *1058process under the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held that appellant’s constitutional rights were not violated. [See 13 N Y 2d 964.]

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