People v. Romano 27 N.Y.2d 734

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding the following: Upon the appeal herein, there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the rights of defendant under the Fifth, Sixth and Fourteenth Amendments were violated by defense counsel’s trial preparation and by certain comments made by the court and defense counsel on defendant’s failure to testify. The Court of Appeals considered this contention and held that there was no violation of defendant’s constitutional rights (see 26 N Y 2d 894).