People v. Stovall

• Decision Date: 23 January 1964
• Citation: 13 N.Y.2d 1178,248 N.Y.S.2d 56
• Parties: , 197 N.E.2d 543 The PEOPLE, etc., Respondent, v. Theodore R. STOVALL, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 56

248 N.Y.S.2d 56

13 N.Y.2d 1178, 197 N.E.2d 543

The PEOPLE, etc., Respondent, v. Theodore R. STOVALL, Appellant.

Court of Appeals of New York.

Jan. 23, 1964.

Appeal from County Court, Nassau County.

Defendant was convicted of first degree murder, second degree murder, and attempted first degree murder. The County Court, Nassau County, Kelly, J., entered judgment, and the defendant appealed to the Court of Appeals.

The Court of Appeals, 13 N.Y.2d 1094, 246 N.Y.S.2d 410, 196 N.E.2d 65, affirmed the judgment insofar as it convicted the defendant of first degree murder and sentenced him to death, and otherwise dismissed appeal on the ground that there had been no review by appropriate Appellate Division.

Motion was made in the Court of Appeals to amend the remittitur.

Motion to amend the remittitur granted. 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 Constitution of the United States, viz.: appellant contended (1) that his rights under the Fifth Amendment of the Constitution of the United States were violated in that appellant was compelled to testify against himself after arraignment; and (2) that he was convicted on evidence obtained by unlawful search and seizure, in violation of his rights under the Fourth Amendment of the Constitution of the United States and that such unlawful search and seizure deprived him of his constitutional right to privacy under the Fourteenth Amendment of the Constitution of the United States. The Court of Appeals held that appellant's constitutional rights had not been violated.