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PEOPLE v. DI RAFFAELE

55 N.Y.2d 234 (1982)

The People of the State of New York, Respondent, v. Rosario S. Di Raffaele, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1982.

Attorney(s) appearing for the Case

Bernard Ulano and Aaron Nussbaum for appellant.

Patrick Henry, District Attorney (Charles M. Newall of counsel), for respondent.

Robert Abrams, Attorney-General (Lew A. Millenbach and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

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

JONES, J.

Defendant's conditional plea of guilty to criminal usury in the second degree under section 190.40 of the Penal Law having been premised on an ineffectual assurance of the prosecutor, approved by the court, that, notwithstanding his plea, defendant could reserve his right to appellate review with respect to his contentions that section 190.42 of the Penal Law (criminal usury in the first degree) was...

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