Berlin v. Evans

OPINION OF THE COURT

Anil C. Singh, J.

This is a CPLR article 78 proceeding. Petitioner challenges respondent New York State Division of Parole’s application to him of Executive Law § 259-c (14), which prohibits individuals who are on parole for certain categories of sex crimes from residing within 1,000 feet of schools where children under the age of 18 are enrolled. Petitioner contends that, as applied to his circumstances, the statute is an unconstitutional ex post facto law because he committed the criminal offense before the effective date of the statute and the statute increases the…