Legal Opinion
People v. Bush
New York Court of Appeals
Decided December 28, 1973PublishedCited by 11 opinions
1Per curiam
We find no significant difference between section 295-1 of the Code of Criminal Procedure, applicable here, and the notice-of-alibi statute of the State of Oregon held unconstitutional by the United States Supreme Court in Wardius v. Oregon (412 U. S. 470). Accordingly we hold section 295-1 unconstitutional.
We recognize, however, “ the principle that in criminal litigation concerning constitutional claims, ‘ the Court may in the interest of justice make the rule prospective ’ ” (Johnson v. New Jersey, 384 U. S. 719, 726). In our view section 295-1 as applied in this instance did not operate…
2Cases cited4 opinions
- Stovall v. DennoSupreme Court of the United States · 1967
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Wardius v. OregonSupreme Court of the United States · 1973
3Cited by11 opinions
- People v. MoralesNew York Court of Appeals · 1975
- Eugene Twitty v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1979
- Edmond Jackson v. Walter Fogg, Superintendent, Green Haven Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1978
- People v. DaltonNew York Court of Appeals · 1976
- Jackson v. FoggDistrict Court, S.D. New York · 1978
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