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  5. 33 N.Y.2d 357 (1974)
 

MATTER OF TAYLOR v. SISE

33 N.Y.2d 357 (1974)

In the Matter of John Taylor et al., Appellants, v. Robert J. Sise et al., Respondents. In the Matter of Benjamin Cullum et al., Appellants, v. John F. O'Mara et al., Respondents.

Court of Appeals of the State of New York.

Decided February 12, 1974.

Attorney(s) appearing for the Case

Robert Hermann, William Gallagher, Randolph Jonakait, John Stackhouse and Donald Zeigler for John Taylor, appellants.

Mark C. Morril, Elizabeth B. DuBois and Barry Krinsky for Benjamin Cullum, appellants.

Louis J. Lefkowitz, Attorney-General (Irving Galt and A. Seth Greenwald of counsel), for respondents.

Maurice N. Nessen for the New York County Lawyers' Association, amicus curiae.

Matthew J. Mallow, Stephen B. Camhi and Jeffrey Newman for The Association of the Bar of the City of New York, amicus curiae.

Judges GABRIELLI, JONES, WACHTLER, STALEY and SWEENEY concur with Chief Judge BREITEL; Judge JASEN dissents and votes to reverse in a separate opinion.

Chief Judge BREITEL.

Petitioners appeal as of right (CPLR 5601, subd. [b], par. 1) from a judgment by the Appellate Division dismissing two proceedings under CPLR article 78 challenging the constitutionality of certain provisions of the Emergency Dangerous Drug Control Act (L. 1973, ch. 603).

Petitioners stand indicted for drug felonies and are scheduled for trial before respondents, acting Supreme Court...

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