
    The People of the State of New York, Respondent, v. Domingo Gonzalez, Appellant.
    Submitted September 18, 1967;
    decided September 28, 1967.
   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 the following questions under the Constitution of the United States, in addition to the other constitutional questions expressly referred to in the opinion, viz.: Appellant contended that the failure of the trial court, sud sponte, to hold a hearing to determine defendant’s mental competence to stand trial violated his rights under the due process clause of the Fourteenth Amendment and that a new trial was necessary to remedy this denial. In addition, appellant contended that he was improperly permitted to waive his right to counsel. The Court of Appeals held that defendant’s rights were violated by the failure of the trial court to order a hearing to determine defendant’s competence to stand trial, hut that a hearing would sufficiently remedy this denial. The Court of Appeals also held that, if defendant was competent to stand trial (which the hearing will determine), he received all the legal assistance possible under the circumstances. [See 20 N Y 2d 289.]  