PEOPLE v. FULLER


24 N.Y.2d 292 (1969)

The People of the State of New York, Respondent, v. Osborne Fuller, Appellant. The People of the State of New York, Respondent, v. Minnie Brown, Appellant. The People of the State of New York, Respondent, v. Florence Watson, Appellant. The People of the State of New York, Respondent, v. Raymond Cheese, Appellant. The People of the State of New York, Respondent, v. Raymond Singleton, Appellant.

Court of Appeals of the State of New York.

Decided April 10, 1969.


Attorney(s) appearing for the Case

William E. Hellerstein and Anthony F. Marra for appellants in the first, second, third and fourth above-entitled actions.

Robert L. Walker and Anthony F. Marra for appellant in the fifth above-entitled action.

Elliott Golden, Acting District Attorney of Kings County (Raymond J. Scanlon and Harry Brodbar of counsel), for respondent in the first and fifth above-entitled actions.

Frank S. Hogan, District Attorney of New York County (Alan F. Scribner, Michael R. Juviler, Michael R. Stack and William C. Donnino of counsel), for respondent in the second and third above-entitled actions.

Thomas J. Mackell, District Attorney of Queens County (George D. Marlow of counsel), for respondent in the fourth above-entitled action.

Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and JASEN concur, Judge SCILEPPI solely upon the ground that defendant is entitled to a jury trial.


KEATING, J.

Recently in Matter of James (22 N.Y.2d 545) we had occasion to consider the constitutionality of the provisions of the Narcotics Control Act of 1966 as they relate to the compulsory treatment of narcotics addicts who have neither been charged with nor convicted of any criminal activity. We upheld the substantive provisions of the law, but certain constitutional...

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