PEOPLE v. DAVIS


33 N.Y.2d 221 (1973)

The People of the State of New York, Respondent, v. Wilbert Davis, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1973.


Attorney(s) appearing for the Case

Donald H. Zuckerman, William E. Hellerstein, Malvine Nathanson and Samuel H. Dawson for appellant.

Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur; Chief Judge FULD taking no part.


JASEN, J.

Wilbert Davis, a heroin addict, has been convicted of criminal possession of a dangerous drug in the sixth degree and criminal possession of a hypodermic instrument and sentenced to a conditional discharge. On this appeal from affirmance of his conviction by the Appellate Term the sole question is whether, consistent with Federal and State constitutional proscriptions against cruel and unusual punishment...

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