PEOPLE v. KONONO


9 N.Y.2d 924 (1961)

The People of the State of New York, Respondent, v. Charles Konono, Appellant.

Court of Appeals of the State of New York.

Decided May 18, 1961.


Attorney(s) appearing for the Case

Wilfred R. Caron for appellant.

Arthur A. Darrigrand, District Attorney (J. Stuart Fero of counsel), for respondent.

Concur: Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Dissent: Chief Judge DESMOND.


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 of the Code of Criminal Procedure. By that provision the Legislature intended to prohibit the introduction as part of the main case on the trial of evidence of prior convictions even though the indictment was returned prior to the effective date of the statute (cf. People v...

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