PEOPLE v. VENABLE


46 A.D.2d 73 (1974)

The People of the State of New York, Respondent, v. Arthur Lee Venable, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 27, 1974.


Attorney(s) appearing for the Case

Daniel G. Moriarty for appellant.

Ralph W. Smith, Jr., District Attorney (Peter L. Rupert of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Peter Joseph Dooley and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

SWEENEY, KANE, MAIN and REYNOLDS, JJ., concur.


HERLIHY, P. J.

Upon this appeal it is not disputed that the defendant on September 26, 1973 sold white powder to a policeman and that the envelope contained heroin.

The defendant contends firstly that the sentence imposed herein is unconstitutional as being cruel and unusual punishment in violation of the Federal and State Constitutions. Secondly, the defendant contends that the trial court committed reversible...

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