Majority
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 were presented and necessarily passed upon questions under the Constitution of the United States, viz.: (1) whether defendant was denied adequate representation by counsel under the Sixth and Fourteenth Amendments; (2) whether the trial court was obliged to order a psychiatric examination of the complaint under the Fifth Amendment; (3) whether the Fourteenth Amendment requires the granting of a sentence hearing in regard to the various factors which might justify the imposition of an increased sentence; (4) whether the sentence was so disproportionate to the actual offense as to have deprived defendant of due process under the Fourteenth Amendment; (5) whether the pretrial identification was so suggestive as to violate the Fourteenth Amendment; (6) whether defendant’s right to a
Cases cited
- People v. McCoy 27 N Y 2d 632 p. 748