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PEOPLE v. DUSABLON

16 N.Y.2d 9 (1965)

The People of the State of New York, Respondent, v. Henry Dusablon and Emanuel Samperi, Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1965.

Attorney(s) appearing for the Case

Martin Fogelman for Henry Dusablon, appellant.

Alfred I. Rosner and Henry A. Lowenberg for Emanuel Samperi, appellant.

Frank S. Hogan, District Attorney (H. Richard Uviller and Milton M. Stein of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur.

VAN VOORHIS, J.

Section 1045-a of the Penal Law is not ex post facto, nor was it error to have received nonlegal evidence at the trial determining punishment (People ex rel. Lonschein [Mencher] v. Warden of Queens House of Detention, 15 N.Y.2d 663; 43 Misc.2d 109). The former crimes committed by appellants could constitutionally...

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