New York Court of Appeals, 1971

People v. Whitmore

People v. Whitmore
New York Court of Appeals · Decided July 7, 1971
29 N.Y.2d 646; 273 N.E.2d 318; 324 N.Y.S.2d 467; 1971 N.Y. LEXIS 1155

People v. Whitmore

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 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.]

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