People v. Conyers

Defendant was charged with rape, alleged to have been committed on March 28, 1975. A jury trial was held in December, at which time the court refused to allow defendant to offer evidence of the complainant’s record as a prostitute, in accordance with recently enacted CPL 60.42.1 Defendant was convicted2 and has moved to set aside the verdict prior to sentence on the grounds that by applying CPL 60.42 to the instant case the court violated the ex post facto clause of the Constitution and thereby committed reversible error.

The defendant maintains that the use of CPL 60.42 deprived him of…