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The PEOPLE, etc., respondent, v. JOSE O. HERNANDEZ, appellant. (Ind. No. 91763)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that his certification as a sex offender by the sentencing court pursuant to Correction Law § 168-d(1) violated the constitutional prohibition against ex post facto laws, since he committed the subject offenses on or about February 13, 1995, and New York's Sex Offender Registration Act (hereinafter SORA) ( see, Correction Law § 168 et seq.) did not take effect until January 21, 1996. The contention is unpersuasive. This court and a number of other courts have already upheld the constitutionality of the retroactive application of the provisions of SORA to individuals convicted of sex offenses before its effective date in the face of ex post facto challenges ( see, Doe v. Pataki, 120 F.3d 1263, cert denied 522 U.S. 1122; People v. Langdon, 258 A.D.2d 937 [4th Dept., Feb. 10, 1999]; People v. Grice, 254 A.D.2d 710 [4th Dept., Oct. 2, 1998]; Matter of S. V. v. Calabrese, 246 A.D.2d 655; Matter of M. G. v. Travis, 236 A.D.2d 163).

SANTUCCI, J.P., SULLIVAN, GOLDSTEIN, and LUCIANO, JJ., concur.

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PEOPLE v. HERNANDEZ
(Sep 20, 1999)