Opinion
Submitted March 23, 30, 1970
Decided April 15, 1970
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 the following question under the Constitution of the United States, viz.: Defendant argued that he was denied the effective assistance of counsel, in violation of the Sixth and Fourteenth Amendments of the Constitution of the United States. The Court of Appeals considered this contention and held that there was no violation of defendant's constitutional rights.
Motion for reargument denied without prejudice to defendant instituting a new proceeding, if he be so advised, specifically alleging facts upon which he would be entitled to a hearing under People v. Montgomery ( 24 N.Y.2d 130).