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People v. Gasbarro

Court of Appeals of the State of New York
May 8, 1986
494 N.E.2d 109 (N.Y. 1986)

Opinion

Decided May 8, 1986

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, James J. Battisti, Jr., J.

James F. Keefe for appellant.

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


On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 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 of defendant's criminal conduct in imposing sentence (cf. People v Torres, 67 N.Y.2d 659, modfg 108 A.D.2d 680).

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


Summaries of

People v. Gasbarro

Court of Appeals of the State of New York
May 8, 1986
494 N.E.2d 109 (N.Y. 1986)
Case details for

People v. Gasbarro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GASBARRO…

Court:Court of Appeals of the State of New York

Date published: May 8, 1986

Citations

494 N.E.2d 109 (N.Y. 1986)
494 N.E.2d 109
502 N.Y.S.2d 1004

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