(Download) "Smith v. Follette" by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free

July 29, 2021

eBook details

Title: Smith v. Follette
Author : United States Court of Appeals for the Second Circuit
Release Date : January 08, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Appellants in these two cases, which were argued and are considered together, challenge the constitutionality under the Fourteenth Amendments Equal Protection and Due Process Clauses of New York States Mental Hygiene Law, McKinneys Consol.Laws c. 27, Section 208, subd. 4(b). A challenge premised upon the Equal Protection Clause is also made against section 208, subd. 5 of the same act. Under the terms of section 208, subd. 4(a), part of a broader statute enacted in 1966 dealing with the problems of narcotics addiction, a person found to be a narcotics addict who has pleaded guilty to or been found guilty of a misdemeanor or the offense of prostitution is automatically certified to the care of the Narcotics Addiction Control Commission (NACC) for treatment. In situations where the defendant has pleaded guilty to or been found guilty of a felony, under the terms of section 208, subd. 4(b), the sentencing court may in its discretion either certify the defendant for treatment under the auspices of the NACC or sentence him to prison. Section 208, subd. 5 provides that "in no case to which subdivision four of this section is applicable shall the court suspend sentence, the execution thereof or impose a sentence other than that specified in subdivision four of this section."