PEOPLE v. TORRES

5646/14, 10831A, 48/15, 10831.

179 A.D.3d 543 (2020)

118 N.Y.S.3d 566

2020 NY Slip Op 00480

The People of the State of New York, Respondent, v. Janner Torres, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 23, 2020.


The People concede that the counts indicated should be dismissed as inclusory concurrent counts. They also concede that the conviction of second-degree incest (Penal Law § 255.26) violated the Ex Post Facto Clause, because it was based on conduct occurring before the statute creating that crime became effective. Accordingly, we reduce this count to incest (not divided into degrees), which was the equivalent offense at the time of defendant's conduct (former Penal Law...

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