People v. Vignera

• Decision Date: 22 September 1966
• Citation: 274 N.Y.S.2d 162,220 N.E.2d 806,18 N.Y.2d 723
• Parties: , 220 N.E.2d 806 The PEOPLE, etc., Respondent, v. Michael VIGNERA, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 162

274 N.Y.S.2d 162

18 N.Y.2d 723, 220 N.E.2d 806

The PEOPLE, etc., Respondent, v. Michael VIGNERA, Appellant.

Court of Appeals of New York.

Sept. 22, 1966.

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, entered judgment on November 3, 1961 sentencing defendant, as third felony offender, to a term of 30 to 60 years.

The Supreme Court, Kings County, entered 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.

The Court of Appeals, 15 N.Y.2d 970, 259 N.Y.S.2d 857, 207 N.E.2d 527, affirmed the judgment.

The Court of Appeals, 16 N.Y.2d 614, 261 N.Y.S.2d 65, 209 N.E.2d 110, granted motion to amend the remittitur.

Motion was made in the Court of Appeals to amend the remittitur to conform to the mandate of the Supreme Court of the United States.

Motion to amend the remittitur to conform to the mandate of the Supreme Court of the United States granted. Return of the remittitur requested and, when returned, it will be amended to read as follows: Judgment reversed and a new trial ordered at which trial and evidence of defendant's confession shall be excluded (Miranda v. State of Arizona, 384 U.S. 436, 493--494, 86 S.Ct. 1602, 16 L.Ed.2d 694).