State v. Bianco

The opinion of the Court was delivered by

GARIBALDI, J.

The sole issue presented in this appeal is whether the four-month Pilot Program of the Appellate Division’s Excessive Sentence Oral Argument Program (ESOA Program) was constitutional. Specifically, defendant-appellant contends that his mandatory participation in the Pilot Program violated his federal and state constitutional rights to due process and to equal protection of the law. Petitioner concedes that as presently constituted the ESOA Program is constitutional.

I

Gary Bianco, the defendant, and his mother, Nancy Bianco, each were…