People v. Downie

Edward S. Silver, District Attorney (William I. Siegel of counsel), for plaintiff. Nathan R. Schor for defendant. providing that such laws are to apply either to all crimes thereafter committed or all indictments thereafter found, or if retroactive to what extent. Such neglect always results in confusion. It had been common practice to include such provisions and that practice should be resumed. If this defendant had not been sentenced prior to March 29, 1948, I might hold that the new laws applied to him even though at the time of commission of the crime, he could be tried and convicted of murder. But by no construction can I hold that such amendments were intended to apply to those already convicted and sentenced. To have such effect there must be specific provision in the enacting clause. I add that this case has been presented to the Governor for executive clemency and might be considered if the prisoner's conduct in prison had warranted such consideration. The District Attorney will submit order and serve same together with a copy of this memorandum opinion on the defendant in person, Box B, Dannemora, N. Y.