People v. Vignera
| Decision Date | 20 May 1965 |
| Citation | 16 N.Y.2d 614,261 N.Y.S.2d 65 |
| Parties | , 209 N.E.2d 110 The PEOPLE, etc., Respondents, v. Michael VIGNERA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 21 A.D.2d 752, 252 N.Y.S.2d 19.
Defendant was convicted of first degree robbery.
The County Court, Kings County, rendered a judgment on November 3, 1961, sentencing defendant, as third felony offender, to a term of 30 to 60 years.
The Supreme Court, Kings County, rendered a judgment on February 6, 1963, resentencing defendant, as a second felony offender, to serve the same term of imprisonment.
The Appellate Division affirmed the judgment of February 6, 1963, and dismissed the appeal from the original judgment of November 3, 1961, as moot.
On defendant's further appeal, the Court of Appeals, 15 N.Y.2d 970, 259 N.Y.S.2d 857, 207 N.E.2d 527, affirmed, and thereafter defendant moved to amend the remittitur.
Motion to amend the remittitur granted, the return of the 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 United States Constitution, viz.: (1) Whether, in the circumstances of this case, the admission in evidence of a confession elicited prior to arraignment by an Assistant District Attorney from defendant-appellant and recorded by a stenographer constituted a denial of his rights under the Fourteenth Amendment to the United States Constitution; (2) Whether, in the circumstances of this case, the admission in evidence of police testimony as to statements elicited from defendant-appellant constituted a denial of his rights under the Fourteenth Amendment to the United States Constitution.
The Court of Appeals held that no rights of defendant-appellant under the Fourteenth Amendment to the United States Constitution had been violated.'
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