PEOPLE v. BLUME


12 N.Y.2d 705 (1962)

The People of the State of New York, Respondent, v. Fred Blume, Appellant.

Court of Appeals of the State of New York.

Decided October 4, 1962.


Attorney(s) appearing for the Case

Frank E. Schwelb and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Joseph A. Phillips and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER. Taking no part: Judge BURKE.


Judgment affirmed in the following memorandum: Section 275-b of the Code of Criminal Procedure was amended, after 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...

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