People v. Watson

Appeal by the defendant from a resentence of the Supreme Court, Westchester County (Neary, J.), imposed March 13, 2013, upon his conviction of robbery in the first degree, upon his plea of guilty, the resentence being the determinate term of imprisonment previously imposed on July 5, 2000.

Ordered that the resentence is affirmed.

The defendant’s contention that Penal Law § 70.85 violates the Ex Post Facto Clause of the United States Constitution is without merit, since Penal Law § 70.85 does not retroactively increase the penalties applicable to the defendant’s conviction (see Johnson v United…