People v. Borrero

Chief Judge Fuld.

These two appeals present the interesting and thought-provoking -question whether the imposition of a prison sentence or other penal sanction upon a narcotics addict who commits crimes solely for the purpose of procuring money to make drug purchases is impermissible as “ cruel and unusual punishment ” under our Constitution (IT. S. Const., 8th Arndt.; N. Y. Const., art. I, § 5).

The two defendants—whose sole connection with each other is the fact that we are disposing of their appeals together— are long-time narcotics users with criminal records, mostly *335for narcotics offenses…