Majority
p. 814The People of the State of New York, Respondent, v. John G. Broady, Appellant. Submitted May 11, 1959; decided May 14, 1959.
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 and necessarily passed upon a question under the Constitution of the United States, namely: Whether subdivision 6 of section 1423 of the New York Penal Law, as interpreted by this court herein, is unconstitutional as offending against the “ supremacy clause ” — article VI, clause 2 — of the Constitution of the United States. [See 5 N Y 2d 500 .]
Cases cited
- People v. Broady 5 N Y 2d 500 p. 814