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PEOPLE v. PACHECO

73 A.D.2d 370 (1980)

The People of the State of New York, Respondent, v. Hector Pacheco, Appellant

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

March 24, 1980

Attorney(s) appearing for the Case

William S. Hellerstein (Michael Ciaffa of counsel), for appellant.

Eugene Gold, District Attorney (William Gurin of counsel), for respondent.

MOLLEN, P. J., COHALAN and WEINSTEIN, JJ., concur.

O'CONNOR, J.

Defendant challenges the constitutionality of section 70.06 (subd 1, par [b], cl [i]) of the Penal Law on equal1 protection grounds. We hold that the statute is rationally related to a legitimate legislative purpose. Accordingly, the sentence and order appealed must be affirmed.

I

Defendant was arrested on October 7, 1971 in possession of 395 grains...

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