People v. De Mino
30 N.Y.2d 754
NY1972Check TreatmentMotion to amend remittitur to conform to the mandate of the Supreme Court of the United States granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order of the Appellate Division modified to the extent of vacating the judgment of conviction and remitting the case to the Supreme Court, Kings County, with directions to retry defendant without consideration of the charge of murder in the first degree. [See 29 N Y 2d 602, revd. 404 U. S. 1035.]