Legal Opinion

People v. Elahi

Appellate Division of the Supreme Court of the State of New York

Decided February 25, 1993Published

1Opinion of the Court

— Order, Supreme Court, New York County (Carol Berkman, J.), entered June 1, 1990, denying *622defendant’s motion pursuant to CPL 440.20 to set aside the sentence of four concurrent terms of 2Vá to 7 years imposed in connection with a judgment rendered July 22, 1988, after a jury trial, convicting defendant of four counts of sodomy in the second degree, unanimously affirmed.

Defendant is barred from seeking a judicial recommendation against deportation (JRAD) because of the retroactive repeal of JRAD legislation, which we have held constitutes neither a violation of the Ex Post Facto Clause nor a…

2Cases cited2 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. CuelloAppellate Division of the Supreme Court of the State of New York · 1992

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