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PEOPLE v. BARNES

62 N.Y.2d 702 (1984)

The People of the State of New York, Respondent, v. Lovonsa Barnes, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1984.

Attorney(s) appearing for the Case

Kenneth Rabb, Matthew Muraskin, Michael J. Obus and Morton J. Marshack for appellant.

Denis Dillon, District Attorney (Lorna N. Graham and Anthony J. Girese of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Term should be affirmed.

The defendant, having pleaded guilty to the class B misdemeanor of attempted resisting arrest, was sentenced to 90 days' imprisonment and a penalty assessment of $40. Defendant contends that the penalty assessment imposed under section 60.35 of the Penal Law, and made enforceable under CPL 420.35, is civil in nature and is unconstitutional in that it...

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