People v. Herloski

OPINION OF THE COURT

Walter T. Gorman, J.

The People, via motion filed December 9, 1982, have requested that a hearing be held pursuant to GPL 400.16 to determine whether the defendant, Peter Herloski, is a persistent violent felony offender. The defendant, through his attorney, answered this motion, admitting certain of the allegations contained in the People’s moving papers, but primarily contending that the persistent felony offender statute was unconstitutional as violative of the ex post facto clause of the United States Constitution. The People responded to this primary contention through…