Legal Opinion

People v. McNair

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 1975PublishedCited by 14 opinions

1Opinion of the CourtCardamons, J.

We are called upon to determine in these two appeals, which have been consolidated for this purpose, whether sentencing provisions of the Penal Law which mandate life sentences in cases of certain drug related convictions are unconstitutional as violating the Eighth Amendment of the United States Constitution and section 5 of article I of the New York State Constitution as constituting cruel and unusual punishment.

FACTS

In Mosely, the People appeal pursuant to CPL 450.20 (subd. 4) from a judgment (insofar as it imposed sentence) of the Monroe County Court which declared unconstitutional…

2Cases cited25 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Robinson v. CaliforniaSupreme Court of the United States · 1962
  3. Trop v. DullesSupreme Court of the United States · 1958
  4. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  5. Weems v. United StatesSupreme Court of the United States · 1910

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3Cited by14 opinions

  1. Carmona v. WardCourt of Appeals for the Second Circuit · 1978
  2. State v. StetsonSupreme Court of Louisiana · 1975
  3. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. Smith, New York County Courts1978
  5. People v. YaleAppellate Division of the Supreme Court of the State of New York · 1975

9 more not listed; retrieve them via the Exa API.

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