Opinion
February 14, 1984
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered October 18, 1982, convicting him of robbery in the first degree, criminal possession of a weapon in the second degree, and criminal possession of stolen property in the third degree, upon a jury verdict, and sentencing him as a persistent violent felony offender. Judgment affirmed. We note that the persistent violent felony offender statutes (Penal Law, § 70.02, 70.04 Penal, 70.08 Penal), as applied to defendant, do not violate the ex post facto clause of section 10 of article I of the United States Constitution (see People v Barbour, 96 A.D.2d 842; People v Balfour, 95 A.D.2d 812; People v Aiello, 93 A.D.2d 864, mot. for lv. to app granted 60 N.Y.2d 822). Furthermore, the fact that defendant was sentenced to concurrent terms of imprisonment on his prior violent felony convictions (two convictions for robbery in the first degree in 1974) does not alter his status as a persistent violent felony offender (see People v Santana, 117 Misc.2d 1016; People v Ayala, 107 Misc.2d 874). Finally, since the prior felonies for which defendant was convicted were classified as violent felony offenses prior to the commission of the instant offense, he was properly sentenced as a persistent violent felony offender (Penal Law, § 70.02, 70.04 Penal; see People v Balfour, supra; People v Jenkins, 100 Misc.2d 935; but, see, People v Crawford, 94 A.D.2d 950; People v Correa, 113 Misc.2d 919). We have reviewed defendant's other contentions and find them to be without merit. Lazer, J.P., Thompson, Bracken and Rubin, JJ., concur.