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PEOPLE v. SICILIANO

52 A.D.2d 408 (1976)

The People of the State of New York, Respondent, v. Daniel Siciliano, Victor Echavarry, Jr., and Daniel Gibson, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 10, 1976

Attorney(s) appearing for the Case

Charles G. Moerdler of counsel (Henry J. Silberberg, Alan Kolod and Irving Anolik with him on the brief; Morris Weissberg, attorney), for appellants.

Stephen R. Bookin of counsel (Mario Merola, District Attorney), for respondent.

BIRNS, J.

I agree that defendants by their plea of guilty as disclosed by the record in this case did not waive a possible challenge to the constitutionality of section 598 of the Judiciary Law. I further concur in the carefully considered opinion of Justice LUPIANO that section 598 of the Judiciary Law does have a rational basis, and, accordingly, does withstand the constitutional challenge raised by the defendants...

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