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PEOPLE v. FELLMAN

94 Misc.2d 648 (1978)

The People of the State of New York, Plaintiff, v. Keith Fellman and Samuel Basta, Defendants.

Supreme Court, Trial Term, New York County.

May 9, 1978

Attorney(s) appearing for the Case

Landay & Pinello (Daniel R. Pinello of counsel), for defendants. Robert M. Morgenthau, District Attorney (Jean Rabinow of counsel), for plaintiff.

ELLIOT GOLDEN, J.

In an era when equal rights for homosexuals are being urged, the defendants, admitted homosexuals, urge instead that they should not be treated in the same manner as heterosexuals similarly situated.

The defendants, each awaiting sentence on their plea of guilty to grand larceny in the second degree, claim that they should be exempted from a sentence of incarceration because of their...

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