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PEOPLE v. CAVER

74 A.D.2d 852 (1980)

The People of the State of New York, Respondent, v. Michael Caver, Appellant

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

March 10, 1980

Judgment affirmed.

We have reviewed defendant's contention that section 70.02 of the Penal Law violates the Constitutions of New York and the United States in that it imposes cruel and unusual punishment and abrogates the separation of legislative and judicial powers, and find this contention to be without merit (see People v Broadie, 37 N.Y.2d 100, cert den 423 U.S. 950; People...

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