Motion to amend remittitur granted to the extent that the return of remittitur is requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein, there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether sections 220.22 and 220.23 of the Penal Law are constitutionally invalid as violative of the equal protection clause of the Fourteenth Amendment. Defendant argued that classification...
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