People v. Pacheco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
Defendant challenges the constitutionality of section 70.06 (subd 1, par [b], cl [i]) of the Penal Law on equal1 protection grounds. We hold that the statute is rationally related to a legitimate legislative purpose. Accordingly, the sentence and order appealed must be affirmed.
I
Defendant was arrested on October 7, 1971 in possession of 395 grains (less than one ounce) of marihuana, and on June 19, 1972 he pleaded guilty to the E felony of attempted criminal possession of a dangerous drug in the fourth degree. A sentence of five years probation was imposed. It…
2Cases cited8 opinions
- McGinnis v. RoysterSupreme Court of the United States · 1973
- Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
- Kaiser v. New YorkSupreme Court of the United States · 1969
- People v. KaiserNew York Court of Appeals · 1967
- People v. LangNew York Court of Appeals · 1975
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. SaxburyAppellate Division of the Supreme Court of the State of New York · 1983
- People v. ReichbachAppellate Division of the Supreme Court of the State of New York · 1987
- People v. McMillenAppellate Division of the Supreme Court of the State of New York · 1981
- People v. CorreaNew York Supreme Court · 1982
- People v. PadillaAppellate Division of the Supreme Court of the State of New York · 1993
3 more not listed; retrieve them via the Exa API.