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People v. German

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1990
157 A.D.2d 461 (N.Y. App. Div. 1990)

Opinion

January 9, 1990

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


It is apparent on reargument that defendant was entitled to the benefit of the amendment to the Penal Law raising the monetary threshold for the commission of a class E felony from $250 to $1,000. Although the defendant's offenses were committed before the subject amendment was enacted, the amendment's ameliorative provisions were effective at the time of defendant's trial and should have been applied (People v. Behlog, 74 N.Y.2d 237). "To preserve the criminal penalties previously in force and to inflict them after the law-making body has so determined and declared [that they are no longer appropriate] would serve no justifiable purpose" (People v. Oliver, 1 N.Y.2d 152, 161).

Concur — Murphy, P.J., Kupferman, Sullivan, Ross and Smith, JJ.


Summaries of

People v. German

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1990
157 A.D.2d 461 (N.Y. App. Div. 1990)
Case details for

People v. German

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GERMAN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 9, 1990

Citations

157 A.D.2d 461 (N.Y. App. Div. 1990)
549 N.Y.S.2d 390