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PEOPLE v. McNAIR

46 A.D.2d 476 (1975)

The People of the State of New York, Respondent, v. Doris Ann McNair, Appellant The People of the State of New York, Appellant, v. Larry C. Mosely, Respondent

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

January 16, 1975.

Attorney(s) appearing for the Case

Peter L. Yellin (Robert S. Beer of counsel), for Doris Ann McNair, appellant.

Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for the People, respondent.

Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for the People, appellant.

Peter L. Yellin (Leslie Bradshaw of counsel), for Larry C. Mosely, respondent.

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

New York Civil Liberties Union (Kenneth P. Norwick and David W. Beier, III), amicus curiae.

MARSH, P. J., WITMER, SIMONS and GOLDMAN, JJ., concur.

CARDAMONE, J.

We are called upon to determine in these two appeals, which have been consolidated for this purpose, whether sentencing provisions of the Penal Law which mandate life sentences in cases of certain drug related convictions are unconstitutional as violating the Eighth Amendment of the United States Constitution and section 5 of article I of the New York State Constitution as constituting cruel and...

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