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MATTER OF JAMES

29 A.D.2d 72 (1967)

In the Matter of The Narcotic Addiction Control Commission, Appellant-Respondent. Paul James, an Alleged Narcotic Addict, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1967.

Attorney(s) appearing for the Case

Maria L. Marcus of counsel (Samuel A. Hirshowitz with her on the brief; Louis J. Lefkowitz, Attorney-General), for appellant-respondent.

William E. Hellerstein of counsel (Mary B. Tarcher, attorney), for respondent-appellant.

BOTEIN, P. J., and STEUER, J., concur with RABIN, J.; CAPOZZOLI, J., concurs in result in opinion; STEVENS, J., dissents in an opinion.

RABIN, J.

This appeal brings up for consideration the constitutionality of section 206 of the new Mental Hygiene Law enacted in 1966, which provides for the compulsory treatment of narcotic addicts.

This proceeding was initiated by the petition of the mother of Paul James, the alleged addict. Based upon that petition, and pursuant to the relevant sections of the act, a warrant for the apprehension and...

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