Legal Opinion · Concurring in part, dissenting in part
People v. Hudy
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 1987Published
1Concurring in part, dissenting in part
Levine, J. (dissenting in part and concurring in part).
In my view, the convictions on counts Nos. 8, 9, 12, 14, 15, 17, 21, 22, 25, 26 and 28, for sexual abuse in the first degree, and counts Nos. 4, 11, 13, 16, 20 and 31, for endangering the welfare of a child in the first degree, should be reversed and those counts dismissed as violative of the prohibition against ex post facto laws (US Const, art I, § 10, cl 1; see also, US Const, art I, § 9, cl 3). As to each such count, the crime was committed before the effective date of the amendment to Penal Law § 130.16, which eliminated the…
2Cases cited15 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Dobbert v. FloridaSupreme Court of the United States · 1977
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Beazell v. OhioSupreme Court of the United States · 1925
- Thompson v. MissouriSupreme Court of the United States · 1898
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