PEOPLE v. EASON


40 N.Y.2d 297 (1976)

The People of the State of New York, Respondent, v. Jeffrey Eason, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1976.


Attorney(s) appearing for the Case

Michael J. Obus, James J. McDonough and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (William C. Donnino and Charles A. Singer of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN and COOKE concur with Judge GABRIELLI; Judge WACHTLER concurs in a separate opinion; Judges JONES and FUCHSBERG dissent and vote to reverse on the dissenting memorandum by Mr. Justice JAMES D. HOPKINS at the Appellate Division ().


GABRIELLI, J.

The principal issue is whether paragraph "b" of subdivision 1 of section 65.00 of the Penal Law, in requiring the recommendation of the prosecution prior to the judicial imposition of any minimum sentence of probation upon a convicted class A-III felon, is violative of the constitutional doctrines of separation of powers, due process or equal protection of the laws. We conclude that the statute...

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