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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK BARBARA, Appellant.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed. The statutorily mandated sentence is not unconstitutional as applied to this defendant. ( People v Broadie, 37 N.Y.2d 100; People v Jones, 39 N.Y.2d 694.)

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.

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PEOPLE v. BARBARA
(Sep 9, 1982)