PEOPLE v. DONALDSON


25 N.Y.2d 38 (1969)

The People of the State of New York, Appellant, v. James Donaldson, Respondent. The People of the State of New York, Respondent, v. Paul Riley, Appellant. The People of the State of New York, Appellant, v. Tony Harris, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 1969.


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney of New York County (Michael R. Juviler, Lewis R. Friedman and Bennett L. Gershman of counsel), for appellant in first above-entitled action.

William E. Hellerstein, Milton Adler and Carol Berkman for respondent in first above-entitled action.

William E. Hellerstein, Milton Adler and Carol Berkman for appellant in the second above-entitled action.

Eugene Gold, District Attorney of Kings County (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent in second above-entitled action.

Burton B. Roberts, District Attorney of Bronx County (Barry L. Mendelson of counsel), for appellant in third above-entitled action.

Joel A. Reiss for respondent in third above-entitled action.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur.


BURKE, J.

These three cases require a determination as to whether our recent decision in People v. Fuller (24 N.Y.2d 292 [decided April 10, 1969]) should be applied only prospectively to addiction hearings held after the date of its decision or whether it should be applied retroactively to those "criminal addicts" whose hearings...

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