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People v. Barbara

57 N.Y.2d 727 Court N.Y. Decision date 1982-09-09 English

Contents

Majority

p. 727
The People of the State of New York, Respondent, v Frank Barbara, Appellant.
Decided September 9, 1982
p. 729
APPEARANCES OF COUNSEL
William E. Hellerstein and Jonathan Golomb for appellant.
Elizabeth Holtzman, District Attorney (Michael J. Halberstam of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed. The statutorily mandated sentence is not unconstitutional as applied to this defendant. (People v Broadie, 37 NY2d 100 ; People v Jones, 39 NY2d 694 .)

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

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