Opinion
Argued January 11, 2000
February 24, 2000
In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), entered July 6, 1998, which denied the writ and dismissed the proceeding.
M. Sue Wycoff, New York, N.Y. (Natalie Rea of counsel), for appellant.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Robert Forte and Hillary A. Tennant of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The 1997 amendments to 9 NYCRR 8005.20(c), as applied to the petitioner, did not impose constitutionally impermissible ex post facto penalties since they are not laws within the meaning of the ex post facto clause of the United States Constitution (see, U.S. Const, Art. I, §§ 9, 10 ; People ex rel. Johnson v. Russi, 258 A.D.2d 346 ).
The petitioner's remaining contentions are without merit.