PEOPLE v. AIELLO


93 A.D.2d 864 (1983)

The People of the State of New York, Respondent, v. Michael Aiello, Appellant

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

April 18, 1983


Judgment affirmed.

Defendant argues that sections 70.02 and 70.04 of the Penal Law, as applied to him, violate the ex post facto clause of sections 9 and 10 of article I of the United States Constitution. The People allege, and defendant does not deny, that he was convicted on May 13, 1975 of attempted armed robbery in the first degree. New York's violent felony laws, which became effective as of September 1, 1978 (L 1978, ch 481, § 67), reclassified certain...

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