Motion to amend remittitur, by inserting therein a recital that upon appeal to the Court of Appeals defendant challenged his conviction for murder as being in violation of certain provisions of the Federal Constitution and that by its decision said court overruled such contention, denied. (See 182 N. Y. 131.)
Concur: Cullen, Oh. J., G-ray, Bartlett, Haight, Vann and Werner, JJ. Dissenting: O’Brien, J.