Pizza v. Lyons

105 N.E.2d 486, 303 N.Y. 900, 1952 N.Y. LEXIS 1352

Opinion

Motion for reargument denied. Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by the addition of the following: A question under the Federal Constitution was presented and necessarily passed upon by this court, viz., whether the construction which the courts of this State placed upon section 2 of chapter 70 of the Laws of 1936, amending section 212 of the Correction Law, and of section 1 of chapter 631 of the Laws of 1948, amending sections 235, 236 and 241 of the Correction Law, violated the provisions of section 10 of article I of the Constitution of the United States, prohibiting ex post facto laws. This court held that those statutes did not violate the constitutional prohibition against ex post facto laws. [See 303 N. Y. 736.]