People v. Portelli
| Decision Date | 22 April 1965 |
| Citation | 260 N.Y.S.2d 649,16 N.Y.2d 537 |
| Parties | , 208 N.E.2d 458 PEOPLE, etc., Respondent, v. Anthony PORTELLI and Jerome Rosenberg, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Kings County.
Defendants were convicted of felony murder. The Supreme Court, Kings County, Samuel S. Leibowitz, J., entered judgments, and the defendants appealed.
The Court of Appeals, 15 N.Y.2d 235, 257 N.Y.S.2d 931, 205 N.E.2d 857, affirmed the judgments of conviction, held that evidence sustained the convictions, and held that it was not error to refuse to strike testimony of prosecuting witness, from whom detectives had obtained a statement by alleged torture, where the witness insisted from the witness stand that statement which he made to detectives and his testimony implicating one of the defendants were completely true.
Motions were made in the Court of Appeals to amend the remittitur.
Motions 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 the rights of appellants to due process of law under the Fourteenth Amendment were violated. Appellants contended that their rights were violated (1) by the admission into evidence of the testimony of the witness Richard Melville and (2) by other errors in tne conduct of and rulings at the trial. The Court of Appeals held that no constitutional rights of appellants had been violated.
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Rosenberg v. Martin
... ... commuted his death sentence to life imprisonment, his conviction and that of a co-defendant were affirmed by the New York Court of Appeals, People v. Portelli and Rosenberg, 15 N.Y.2d 235, 257 N. Y.S.2d 931, 205 N.E.2d 857 (1965).1 One of the contentions on that appeal was that the defendants' ... ...
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State v. Braden
... ... Here, we note two recent cases, not cited to us by either party, that appear to be in conflict. In People v. Bradford, 10 [163 Mont. 129] Mich.App. 696, 160 N.W.2d 373, cert. den. 394 U.S. 1022, 89 S.Ct. 1638, 23 L.Ed.2d 48, habeas corpus granted, 354 ... By way of contrast, in People v. Portelli, 15 N.Y.2d 235, 257 N.Y.S.2d 931, 205 N.E.2d 857, remittitur amended, 16 N.Y.2d 537, 260 N.Y.S.2d 649, 208 N.E.2d 458, cert. den. 382 U.S. 1009, 86 ... ...
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United States ex rel. Rosenberg v. Mancusi, 637
... ... WATERMAN, Circuit Judge: ... Petitioner-appellant Rosenberg and two codefendants, Anthony Portelli and Anthony Dellernia, were tried before a jury in the New York Supreme Court, Kings County, on two counts of murder in the first degree for the ... --------Notes: 1 People v. Portelli and Rosenberg, 15 N.Y.2d 235, 257 N.Y.S.2d 931, 205 N.E. 2d 857 (1965), remittitur amended 16 N.Y.2d 537, 260 N.Y.S.2d 649, 208 N.E. 2d ... ...
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United States ex rel. Portelli v. LaVallee, 287
... ... Portelli's death sentence was commuted to life imprisonment. The conviction was affirmed by the New York Court of Appeals where, Portelli raised, and that Court passed upon, the issues which he now seeks to relitigate in this proceeding. People v. Portelli & Rosenberg, 15 N.Y.2d 235, 257 N.Y.S.2d 931, 205 N.E. 2d 857, remittitur amended, 16 N.Y.2d 537, 260 N.Y.S.2d 649, 208 N.E.2d 458, (1965), cert. denied, 382 U.S. 1009, 86 S.Ct. 612, 15 L.Ed.2d 524 (1966) ... Upon Portelli's trial there was admitted testimony, ... ...