People v. Peskin (16 N.Y.2d 659, 1965)

Motion to amend remittitur granted only to the following extent: Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Defendant argued that his rights under the Fourteenth Amendment to the Constitution of the United States were violated in that he was arrested for selling obscene photographs without the material having first been submitted by the police officer to a court for judicial determination. The Court of Appeals held that there was no violation of defendant’s constitutional rights. [See 16 N Y 2d 511.]