People v. Wheaton

OPINION OF THE COURT

Dennis F. Bender, J.

The above named defendant was sentenced by this court on February 10, 2004 upon his plea of guilty to one count of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [2]; 1193 [1] [c] [i]). Pursuant to his moving papers, the defendant’s driver’s license was revoked in 2013. The revocation was based upon 15 NYCRR 136.5 (b), which was originally enacted on September 22, 2012. The defendant claims this is an ex post facto law and that his conviction must be vacated because “[t]he judgment was obtained in violation of a right of…