Legal Opinion

People v. Bennet

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

Decided July 5, 1972PublishedCited by 2 opinions

1Opinion of the CourtHopkins, J.

The question before us is whether on sentencing the court must impose a prison term on a narcotic addict without considering the other alternatives open in eases of other offenders, simply because the Narcotic Addiction Control Commission (NACC) for reasons arising out of its own internal management would not at the time accept involuntary criminal certifications of addicts. We hold that imprisonment is not the only course which the sentencing court must follow and that the usual sentencing options provided by law are available.

Charged with criminally selling a dangerous drug in the third…

2Cases cited7 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Baxstrom v. HeroldSupreme Court of the United States · 1966
  3. Rinaldi v. YeagerSupreme Court of the United States · 1966
  4. Walters v. City of St. LouisSupreme Court of the United States · 1954
  5. People v. BarberNew York Court of Appeals · 1943

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

3Cited by2 opinions

  1. People v. JonesNew York Court of Appeals · 1976
  2. Turkfeld v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1976

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