PEOPLE v. BROADIE


37 N.Y.2d 100 (1975)

The People of the State of New York, Respondent, v. Imogene Broadie, Appellant. The People of the State of New York, Respondent, v. Mildred James, Appellant. The People of the State of New York, Respondent, v. Larry C. Mosely, Appellant. The People of the State of New York, Respondent, v. Doris McNair, Appellant. The People of the State of New York, Respondent, v. Roberta Fowler, Appellant. The People of the State of New York, Respondent, v. Theodore Paul, Appellant. The People of the State of New York, Respondent, v. Arthur Lee Venable, Appellant. The People of the State of New York, Respondent, v. Rolando Montane, Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1975.


Attorney(s) appearing for the Case

Joseph Heller for appellant in the first above-entitled action.

Nicholas Ferraro, District Attorney (Jenny M. Maiolo of counsel), for respondent in the first above-entitled action.

Abraham Hecht for appellant in the second above-entitled action.

Nicholas Ferraro, District Attorney (Jenny M. Maiolo of counsel), for respondent in the second above-entitled action.

Peter L. Yellin, Public Defender (Charles Steinman, Robert S. Beer and Leslie A. Bradshaw of counsel), for appellants in the third and fourth above-entitled actions.

Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for respondent in the third and fourth above-entitled actions.

Daniel R. Santola and Martin Brickman for appellant in the fifth above-entitled action.

Sol Greenberg, District Attorney (Peter L. Rupert of counsel), for respondent in the fifth above-entitled action.

Michael G. Breslin for appellant in the sixth above-entitled action.

Sol Greenberg, District Attorney (Peter L. Rupert of counsel), for respondent in the sixth above-entitled action.

Mark C. Morril, Daniel G. Moriarty, Elizabeth B. DuBois, Margaret K. Brooks and Risa G. Dickstein for appellant in the seventh above-entitled action.

Sol Greenberg, District Attorney (Peter L. Rupert of counsel), for respondent in the seventh above-entitled action.

Edward Gasthalter for appellant in the eighth above-entitled action.

Robert M. Morgenthau, District Attorney (T. James Bryan and Peter Zimroth of counsel), for respondent in the eighth above-entitled action.

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley, Ruth Kessler Toch, Samuel Hirshowitz and David R. Spiegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Eight defendants, convicted of drug offenses, in separate appeals challenge the constitutionality of statutes classifying the crimes for which they were convicted as class A felonies, the highest rank of crime in this State (Penal Law, §§ 220.40, 220.39, 220.18). They also challenge the applicable sentencing provisions imposing a mandatory maximum sentence of life imprisonment and...

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