People v. Shaw

Appellate Division of the Supreme Court of New York

People v. Shaw

18 A.D.2d 823, 236 N.Y.S.2d 1019, 1963 N.Y. App. Div. LEXIS 4844

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1963

StatusPublished

Cited by2 cases

This text of 18 A.D.2d 823 (People v. Shaw) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Shaw, 18 A.D.2d 823, 236 N.Y.S.2d 1019, 1963 N.Y. App. Div. LEXIS 4844 (N.Y. Ct. App. 1963).

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Opinion

Appeal by each defendant from a judgment of the former County Court, Kings County, rendered May 1, 1961 after a jury trial, convicting him of robbery and grand larceny, both in the first degree, and of assault in the second degree; and imposing sentence. Judgment as to both defendants affirmed. In our opinion, the amendment to section 275-b of the Code of Criminal Procedure (L. 1961, ch. 687), effective July 1, 1961, cannot be retroactively applied, where, as here, defendants were [824]*824indicted, tried and sentenced before its effective date. Moreover, “such construction does not deny [to the defdndants here] due process of law or the equal protection of the law” (People v. Blume, 12 N Y 2d 705, 706). Beldock, P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Appeal by each defendant from a judgment of the former County Court, Kings County, rendered May 1, 1961 after a jury trial, convicting him of robbery and grand larceny, both in the first degree, and of assault in the second degree; and imposing sentence. Judgment as to both defendants affirmed. In our opinion, the amendment to section 275-b of the Code of Criminal Procedure (L. 1961, ch. 687), effective July 1, 1961, cannot be retroactively applied, where, as here, defendants were [824]*824indicted, tried and sentenced before its effective date. Moreover, “such construction does not deny [to the defdndants here] due process of law or the equal protection of the law” (People v. Blume, 12 N Y 2d 705, 706). Beldock, P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 823, 236 N.Y.S.2d 1019, 1963 N.Y. App. Div. LEXIS 4844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shaw-nyappdiv-1963.

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