From Casetext: Smarter Legal Research

People v. Roper

Court of Appeals of the State of New York
Jun 21, 1932
259 N.Y. 635 (N.Y. 1932)

Opinion

Submitted June 13, 1932

Decided June 21, 1932


Sections 93 and 94 of the General Construction Law (Cons. Laws, ch. 22) have no application here. They provide merely a principle of construction to be applied in determining the scope of legislation which expressly or impliedly repeals earlier statutes. In the absence of evidence of contrary intent such legislation is not to be given retroactive effect. ( People ex rel. City of Buffalo v. N.Y.C. H.R.R.R. Co., 156 N.Y. 570.) They apply with special force to statutes which otherwise would be ex post facto or would deprive persons of substantial rights. Here the Legislature has reduced the maximum sentence which the court might impose upon conviction for robbery in the first degree. Such statutes have never been regarded as ex post facto laws. They are applicable to offenses previously committed. (See People v. Hayes, 140 N.Y. 484.) Many circumstances point unmistakably to the conclusion that such was the legislative intent here.

Motion denied.


Summaries of

People v. Roper

Court of Appeals of the State of New York
Jun 21, 1932
259 N.Y. 635 (N.Y. 1932)
Case details for

People v. Roper

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS ROPER, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 21, 1932

Citations

259 N.Y. 635 (N.Y. 1932)
182 N.E. 213

Citing Cases

People v. Festo

In this unsettled state the law remained until 1956, when (then) Judge Fuld gave, in depth, an analysis of…

People v. Oliver

These sections, however, like all provisions of the General Construction Law, are not to be applied when the…