PEOPLE EX REL. ROPER v. KENNEDY


135 A.D.2d 924 (1987)

The People of the State of New York ex rel. Vernon Roper, Appellant, v. Joseph Kennedy, as Superintendent of Mt. McGregor Correctional Facility, et al., Respondents

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

December 10, 1987


Harvey, J.

Petitioner contends that the Parole Board's use against him of clause (iii) of Executive Law § 259-i (3) (d), which became effective June 19, 1984 and provides for the automatic revocation of parole where a parolee is convicted of a new felony, was in violation of the ex post facto prohibition of the US Constitution (US Const, art I, § 10, cl 1). Specifically, petitioner argues that he should have been afforded a final parole revocation...

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