PEOPLE v. SMITH


26 N.Y.2d 913 (1970)

The People of the State of New York, Respondent, v. Lillian Mae Smith, Appellant.

Court of Appeals of the State of New York.

Decided April 9, 1970.


Attorney(s) appearing for the Case

Eugene Pelcyger and David T. Berman for appellant.

Eugene Gold, District Attorney (Carl S. Wolfson of counsel), for respondent.

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


Per Curiam.

Defendant, the mother of three children and never before convicted of a crime, has been sentenced to three to five years in prison for the possession of slightly over one-quarter ounce of heroin. It was not charged to her that possession was with intent to sell, or that she made any sale. The severe sentence (the maximum possible was 3 to 10 years, former Penal Law, § 1751, subd. 3) seems to have been...

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