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PEOPLE v. MANDEL

48 N.Y.2d 952 (1979)

The People of the State of New York, Appellant, v. Gary Mandel, Michael De Vito and Theodore Buckley, Respondents.

Court of Appeals of the State of New York.

Decided December 17, 1979.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Annamarie Policriti, Barry A. Schwartz and Deborah Carlin Stevens of counsel), for appellant.

Frederick P. Hafetz, Lawrence S. Goldman, Lawrence Hochheiser and Kenneth Aronson for Gary Mandel, respondent.

Murray S. Bornstein for Michael De Vito, respondent.

Lawrence Hochheiser and Andrew E. Kuchinsky for Theodore Buckley, respondent.

Elizabeth M. Schneider and Nancy Stearns for Queens Women Against Rape and another, amici curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the conviction of each defendant reinstated.

The Criminal Procedure Law was amended by chapter 230 of the Laws of 1975, effective September 1, 1975, by the addition of a new section 60.42 which significantly restricts the admissibility of evidence of the victim's sexual conduct in sex offense cases. We agree with the unanimous conclusion of the...

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