PEOPLE v. LYDAY

On appeal, defendant contends that SORA is unconstitutional as applied to him because it violates the ex post facto prohibition in the Federal Constitution (U.S. Const, art I, § 10, cl [1]). However, defendant did not raise that contention at the time of sentencing and, thus, failed to preserve it for our review ( see, CPL 470.05; People v. Ruz, 70 N.Y.2d 942, 943). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).

We conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Genesee County Court, Morton, J. — Attempted Sexual Abuse, 1st Degree.)