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U. S. EX REL. ARENA v. PEOPLE OF STATE OF N. Y.

No. CV 80-1223.

497 F.Supp. 494 (1980)

UNITED STATES of America ex rel. Mario ARENA, Petitioner, v. The PEOPLE OF the STATE OF NEW YORK and Eugene Gold, as District Attorney of Kings County of the State of New York, Respondents.

United States District Court, E. D. New York.

September 22, 1980.

Attorney(s) appearing for the Case

Leonard M. Simon, P. C., New York City, for petitioner; Peter R. Silverman, New York City, of counsel.

Eugene Gold, Dist. Atty., Brooklyn, N. Y., Robert Abrams, Atty. Gen. of the State of New York, New York City, for respondents; Michael J. Halberstam, Asst. Dist. Atty., Brooklyn, N. Y., of counsel.

MEMORANDUM & ORDER

PLATT, District Judge.

On February 22, 1979, Mario Arena was convicted of four counts of second degree grand larceny, in violation of New York Penal Law § 155.05[1] (McKinney's 1975)1 in Supreme Court, Kings County. He was sentenced to four concurrent terms of three years' imprisonment and fined $28,000.00. Without opinion, the Appellate Division, Second Department, entered an order dated December...

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