People v. Blume
| Decision Date | 04 October 1962 |
| Citation | 233 N.Y.S.2d 761,186 N.E.2d 120,12 N.Y.2d 705 |
| Parties | , 186 N.E.2d 120 The PEOPLE, etc., Respondent, v. Fred BLUME, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The defendant was convicted of first degree robbery and of carrying a dangerous weapon for an unlawful purpose after prior conviction of crime.
The Court of General Sessions, Schweitzer, J., rendered judgment, and the defendant appealed.
The Appellate Division affirmed the judgment without opinion.
The defendant appealed to the Court of Appeals.
Anthony F. Marra, Frank E. Schwelb, New York City, for appellant.
Frank S. Hogan, New York City (H. Richard Uviller, Joseph A. Phillips, New York City, of counsel), for respondent.
Judgment affirmed in the following memorandum: Section 275-b of the Code of Criminal Procedure was amended, after the 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, 130 N.E. 288; 2 Sutherland, Statutory Construction, 3d ed., § 2212). In People v. Konono, 9 N.Y.2d 924, 217 N.Y.S.2d 92, 176 N.E.2d 101, the amendment to this statute was enacted prior to the time the defendant therein had been tried.
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