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PEOPLE v. GASBARRO

67 N.Y.2d 1002 (1986)

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

Court of Appeals of the State of New York.

Decided May 8, 1986.

Attorney(s) appearing for the Case

James F. Keefe for appellant.

Seymour Meadow, District Attorney (Mary Dawn Herkenham of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for the reasons stated in the memorandum at the Appellate Division (114 A.D.2d 594). We would only add that People v Tindle (61 N.Y.2d 752) does not compel a different result inasmuch as the prosecutor in that case actually made a recommendation that the court consider the severity...

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