MATTER OF JAMES


22 N.Y.2d 545 (1968)

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

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

William E. Hellerstein and Mary B. Tarcher for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Maria L. Marcus of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL and JASEN concur; Judges SCILEPPI and BERGAN dissent and vote to affirm on the prevailing opinion at the Appellate Division.


KEATING, J.

This case presents for our consideration an attack upon the constitutionality of the procedural and substantive provisions of the Narcotic Control Act of 1966 as they relate to the compulsory treatment of addicts who have neither been charged nor convicted of criminal activity.

Pursuant to section 206 (subd. 2, par. a) of the Mental Hygiene Law "[a]ny person with whom an alleged addict may...

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