People v. McCoy (27 N.Y.2d 747, 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 were presented and necessarily passed upon questions under the Constitution of the United States, viz.: (1) whether defendant was denied adequate representation by counsel under the Sixth and Fourteenth Amendments; (2) whether the trial court was obliged to order a psychiatric examination of the complaint under the Fifth Amendment; (3) whether the Fourteenth Amendment requires the granting of a sentence hearing in regard to the various factors which might justify the imposition of an increased sentence; (4) whether the sentence was so disproportionate to the actual offense as to have deprived defendant of due process under the Fourteenth Amendment; (5) whether the pretrial identification was so suggestive as to violate the Fourteenth Amendment; (6) whether defendant’s right to a fair trial under the Fourteenth Amendment to the Constitution was violated. The Court of Appeals considered these contentions and held that there was no denial of defendant’s constitutional rights. (See 27 N Y 2d 632.)