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People v. Valdelamar

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1986
122 A.D.2d 289 (N.Y. App. Div. 1986)

Opinion

July 28, 1986

Appeal from the Supreme Court, Queens County (Rubin, J.).


Sentences imposed under indictments Nos. 1058/82 and 1136/82 affirmed. No opinion.

Sentences imposed under indictments Nos. 1293/82 and 3131/82 modified, on the law, by vacating the mandatory penalty assessments imposed. As so modified, sentences affirmed.

Because the crimes for which the defendant was convicted under indictments Nos. 1293/82 and 3131/82 were committed prior to the effective date of the mandatory penalty assessment statute (see, Penal Law § 60.35, as added by L 1982, ch 55, §§ 81, 96), the imposition of such assessments constituted an unconstitutional ex post facto penalty (see, People v Clarke, 111 A.D.2d 11; People v Santos, 105 A.D.2d 1135, 1136; People v Dodson, 96 A.D.2d 1116, 1118). Mollen, P.J., Mangano, Thompson and Bracken, JJ., concur.


Summaries of

People v. Valdelamar

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 1986
122 A.D.2d 289 (N.Y. App. Div. 1986)
Case details for

People v. Valdelamar

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VALDELAMAR…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 28, 1986

Citations

122 A.D.2d 289 (N.Y. App. Div. 1986)

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