People v. Jackson

• Decision Date: 11 February 1965
• Citation: 15 N.Y.2d 851,257 N.Y.S.2d 958,205 N.E.2d 877
• Parties: , 205 N.E.2d 877 The PEOPLE etc., Respondent, v. Nathan JACKSON, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 958

257 N.Y.S.2d 958

15 N.Y.2d 851, 205 N.E.2d 877

The PEOPLE etc., Respondent, v. Nathan JACKSON, Appellant.

Court of Appeals of New York.

Feb. 11, 1965.

Appeal from County Court, Kings County.

The defendant was convicted of murder in the first degree under Section 1044 of the Penal Law, Consol.Laws, c. 40. The County Court, Kings County, Hyman Barshay, J., entered judgment.

The Court of Appeals, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59, affirmed the judgment of conviction. Froessel, J., dissented.

The defendant made a motion in the Court of Appeals to amend the remittitur.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended, upon consent of counsel for both parties and in conformity with one of the alternatives permitted by the mandate of the Supreme Court of the United States in Jackson v. Denno (378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908), so as to vacate the judgment of the Court of Appeals and to remand the matter to the Supreme Court, Kings County, for a new trial.