People v. Pray

— Appeal from a judgment of the County Court of St. Lawrence County, rendered April 4, 1975, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the sixth degree (Penal Law, § 220.06), a Class D felony, and sentencing him as a second felony offender to an indeterminate term of imprisonment with a maximum of four years and a minimum of two years. On this appeal, defendant argues that section 70.06 of the Penal Law, as applied to him, is *988an ex post facto law and, therefore, unconstitutional. His basis for this contention is that he…