People v. Fellman

OPINION OF THE COURT

Elliot Golden, J.

In an era when equal rights for homosexuals are being urged, the defendants, admitted homosexuals, urge instead that they should not be treated in the same manner as heterosexuals similarly situated.

The defendants, each awaiting sentence on their plea of guilty to grand larceny in the second degree, claim that they *649should be exempted from a sentence of incarceration because of their sexual orientation and physical appearance. They contend that their incarceration would subject them to probable physical and sexual abuse, thereby transgressing their Federal…