Summary
In People v. Blume, 12 N.Y.2d 705, 233 N.Y.S.2d 761, 186 N.E.2d 120 (1962), cert. denied, 374 U.S. 843, 83 S.Ct. 1897, 10 L.Ed.2d 1062 (1963) the New York Court of Appeals declined to apply the 1961 amendment to cases tried prior to the statute's amendment, but which were apparently still pending on appeal, stating that "such construction does not deny due process of law or the equal protection of the law."
Summary of this case from United States v. Warden of Green Haven State PrisonOpinion
Argued September 24, 1962
Decided October 4, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.
Frank E. Schwelb and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Joseph A. Phillips and H. Richard Uviller of counsel), for respondent.
Judgment affirmed in the following memorandum: Section 275-b of the Code of Criminal Procedure was amended, after appellant had been tried and convicted, by precluding the introduction into evidence of a previous conviction where it affected the degree of crime charged in the indictment. This statutory amendment applies only to trials taking place after its effective date, and such construction does not deny due process of law or the equal protection of the law ( Matter of Berkovitz v. Arbib Houlberg, 230 N.Y. 261; 2 Sutherland, Statutory Construction [3d ed.], § 2212). People v. Konono ( 9 N.Y.2d 924) is not authority to the contrary, for section 275-b, as it originally read, was enacted prior to the time defendant therein had been tried. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER. Taking no part: Judge BURKE.