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PEOPLE v. PRAY

50 A.D.2d 987 (1975)

The People of the State of New York, Respondent, v. Bernard W. Pray, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 18, 1975

On this appeal, defendant argues that section 70.06 of the Penal Law, as applied to him, is an ex post facto law and, therefore, unconstitutional. His basis for this contention is that he received a heavier sentence as a second felony offender and that the predicate felony conviction, which served as the foundation therefor under the provisions of the challenged statute, was obtained prior to the enactment of said statute. We cannot...

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