New York Court of Appeals, 1972

People v. De Mino

People v. De Mino
New York Court of Appeals · Decided April 27, 1972
30 N.Y.2d 754; 284 N.E.2d 162; 333 N.Y.S.2d 179; 1972 N.Y. LEXIS 1357

People v. De Mino

Opinion of the Court

Motion to amend remittitur to conform to the mandate of the Supreme Court of the United States granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order of the Appellate Division modified to the extent of vacating the judgment of conviction and remitting the case to the Supreme Court, Kings County, with directions to retry defendant without consideration of the charge of murder in the first degree. [See 29 N Y 2d 602, revd. 404 U. S. 1035.]

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