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PEOPLE v. SASSO

176 A.D.2d 410 (1991)

The People of the State of New York, Respondent, v. William L. Sasso, Appellant

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

September 19, 1991

Yesawich Jr., J.

Defendant was sentenced in 1981 as a persistent felony offender to 25 years to life imprisonment. Although this court affirmed the conviction (99 A.D.2d 558), the particular issue presented before us, the constitutionality of Penal Law § 70.10 (1) (b) (i), was apparently not brought to the court's attention. This statute suffers from the same infirmity that afflicted Penal Law former § 70...

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