People v. Trammel

—Spain, J.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered July 19, 1999, convicting defendant upon his plea of guilty of the crime of aggravated harassment of an employee by an inmate.

Defendant’s sole claim on this appeal from his conviction of aggravated harassment of an employee by an inmate is that, as applied to him, the statute establishing the crime, Penal Law § 240.32, constitutes an unconstitutional ex post facto law. Although this claim is not among those that were waived or forfeited by defendant’s guilty plea (see, People v Rivera, 156 AD2d 177,…