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People State New York v. Gregorio Rosa

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eBook details

  • Title: People State New York v. Gregorio Rosa
  • Author : Supreme Court of New York
  • Release Date : January 12, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

The defendant is not entitled to a new trial on the ground that the statute (Judiciary Law, § 599, former subd 7) which at that time exempted women from jury service at their request, operated to systematically exclude women (see Hamling v United States, 418 U.S. 87, 138; Daniel v Louisiana, 420 U.S. 31, 32; Matter of Alessi v Nadjari, 47 A.D.2d 189, mot to dismiss app den 36 N.Y.2d 873; see, also, People v Simone, 48 A.D.2d 497, 501). The classifications of section 220.41 of the Penal Law, which are based upon aggregate weight rather than on the quantity of actual narcotic content, have a rational basis and do not violate the equal protection clause (see People v Kelly, 47 A.D.2d 931; People v Riley, 50 A.D.2d 823; People v Daneff, 30 N.Y.2d 793, remittitur amd 31 N.Y.2d 667, cert den 410 U.S. 913; United States ex rel. Daneff v Henderson, 501 F2d 1180, 1184). Disposition Judgment affirmed.


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