PEOPLE v. CLARKE

Penal Law § 60.35 became effective 30 days after April 12, 1982. Defendant committed the instant offense on April 12, 1982, and thus the imposition of the assessment penalty against him was applied in an unconstitutional ex post facto manner ( see, Weaver v. Graham, 450 U.S. 24, 30; People v. Dodson, 96 A.D.2d 1116, 1118).

Concur — Sandler, J.P., Ross, Asch, Fein and Kassal, JJ.