Legal Opinion

People v. Fishman

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

Decided May 8, 1975PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a judgment of the County Court, Albany County, rendered July 3, 1974, convicting defendant, upon a plea of guilty, of the crime of criminal possession of a controlled substance in the third degree (Penal Law, § 220.16, subd 7). Defendant’s assertions as to the unconstitutionality of the statutes under which he was sentenced as being violative of the Eighth Amendment of the United States Constitution have previously been rejected by this court (People v Venable, 46 AD2d 73; see also People v Broadie, 45 AD2d 649), and we find no basis advanced which requires us to reconsider our…

2Cases cited5 opinions

  1. People v. BroadieAppellate Division of the Supreme Court of the State of New York · 1974
  2. People v. VenableAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. NivenNew York Court of Appeals · 1972
  5. People v. NivenAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by5 opinions

  1. People v. HickeyNew York Court of Appeals · 1976
  2. People v. ChryslerAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. HerraraAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. GarrowAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. SaccoccieAppellate Division of the Supreme Court of the State of New York · 1976

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