Sentences imposed under indictments Nos. 1058/82 and 1136/82 affirmed. No opinion.
Sentences imposed under indictments Nos. 1293/82 and 3131/82 modified, on the law, by vacating the mandatory penalty assessments imposed. As so modified, sentences affirmed.
Because the crimes for which the defendant was convicted under indictments Nos. 1293/82 and 3131/82 were committed prior to the effective date of the mandatory penalty assessment statute (see, Penal Law § 60.35, as added by L 1982, ch 55, §§ 81, 96), the imposition of such assessments constituted an unconstitutional ex post facto penalty (see, People v Clarke, 111 A.D.2d 11; People v Santos, 105 A.D.2d 1135, 1136; People v Dodson, 96 A.D.2d 1116, 1118). Mollen, P.J., Mangano, Thompson and Bracken, JJ., concur.