New York Court of Appeals, 1970

In re Wille

In re Wille
New York Court of Appeals · Decided February 19, 1970
26 N.Y.2d 831; 257 N.E.2d 904; 309 N.Y.S.2d 360; 1970 N.Y. LEXIS 1552

In re Wille

Opinion of the Court

*832Motion to amend remittitur granted. Return of remittitur is 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 the rights of appellants under the Fifth and Fourteenth Amendments were denied. Appellants argued that the failure to hold a plenary hearing denied them due process of law. The Court of Appeals considered this contention and held that, on this record, the failure to order a plenary hearing did not deny due process of law to appellants. [See 25 N Y 2d 619.]

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