Opinion
Submitted February 17, 1964
Decided February 20, 1964
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, viz.: Appellant contended his conviction in the former Kings County Court to have been without due process of law because he was insane when he pleaded guilty to a reduced charge, and because he was denied leave by the former County Court to withdraw his plea of guilty and stand trial under a plea of not guilty by reason of temporary insanity. Appellant contended that the denial of leave to withdraw his guilty plea under the circumstances violated his rights under the Fourteenth Amendment to the United States Constitution. The Court of Appeals held appellant's constitutional rights had not been violated.