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People v. La Barth

19 N.Y.2d 859 Court N.Y. Decision date 1967-04-20 English

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p. 859
The People of the State of New York, Respondent, v. Jerry La Barth, Appellant.
Submitted April 3, 1967;
decided April 20, 1967.

Motion 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 a question under the Constitution of the United States, viz.: Defendant La Barth contended that the denial of his application for inspection of his confession was a denial and deprivation of his rights under the Sixth and Fourteenth Amendments to the Constitution of the United States. The Court of Appeals, basing its decision upon an independent non-Federal ground, held that defendant’s plea of guilty constituted a waiver of this point on appeal, and that said plea of guilty was not coerced by the denial of defendant’s application to inspect his confession. [See 19 N Y 2d 649 .]

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