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PEOPLE v. CUSICK

119 A.D.2d 830 (1986)

The People of the State of New York, Respondent, v. James Cusick, Appellant

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

April 28, 1986

Judgments and order affirmed.

We agree with Criminal Term that Penal Law § 70.25 (2-b) is not violative of the ex post facto prohibition of the US Constitution, article I, § 10. The statute merely imposes a harsher sentence for criminal acts or omissions committed subsequent to its effective date; the effect of such a statute is not constitutionally proscribed (see, Weaver v Graham, 450 U.S. 24; Dobbert v...

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