People v. Konono

• Decision Date: 18 May 1961
• Citation: 176 N.E.2d 101,9 N.Y.2d 924,217 N.Y.S.2d 92
• Parties: , 176 N.E.2d 101 PEOPLE, etc., Respondent, v. Charles KONONO, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 92

217 N.Y.S.2d 92

9 N.Y.2d 924, 176 N.E.2d 101

PEOPLE, etc., Respondent, v. Charles KONONO, Appellant.

Court of Appeals of New York.

May 18, 1961.

Appeal from Supreme Court, Appellate Division, Fourth Department, 11 A.D.2d 898, 205 N.Y.S.2d 1020.

Defendant was convicted of second-degree murder and first-degree arson, as a third offense. The Oneida County Court, Hanagan, J., rendered judgment, and the defendant appealed.

The Appellate Division unanimously affirmed the judgment.

The defendant appealed in the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on the original record and for assignment of counsel.

The Court of Appeals, 8 N.Y.2d 1156, 209 N.Y.S.2d 838, granted the motion and assigned Wilfred Caron, Esq., of 29 Broadway, New York City, as counsel for the defendant on the appeal.

Judgment reversed and a new trial ordered. The motion to strike out the allegations of prior felony convictions contained in the indictment should have been granted on the strength of Section 275-b, Code of Criminal Procedure. By that provision, the Legislature prohibited the introduction at the trial of evidence of prior convictions even though the indictment was returned prior to the effective date of the statute. Cf. People v. Oliver, 1 N.Y.2d 152, 151 N.Y.S.2d 367.

All concur except DESMOND, C. J., who dissents and votes to affirm in the following memorandum:

Since the Legislature made the amendment to section 275-b effective July 1, 1957, the courts have no right to apply the new law to an indictment which had been returned before that date. Even if in some instances reasons of policy might justify retroactive application of the amendment, this case with its strong proof of guilt presents no such situation.