People v. Ciaccio , 46 N.Y.2d 885 ( 1979 )

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: On the appeal therein a question under the Constitution of the United States was presented and necessarily passed upon, viz.: Did the prosecutor’s summation deprive appellants of their constitutional right to a fair trial? [See 45 NY2d 626.]