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UNITED STATES EX REL. CARMONA v. WARD

No. 75 Civ. 6219.

416 F.Supp. 276 (1976)

UNITED STATES ex rel. Martha CARMONA and Donna Foggie, and all other persons similarly situated, Petitioners, v. Benjamin WARD, Commissioner of the New York State Department of Correctional Services, et al., Respondents.

United States District Court, S. D. New York.

April 16, 1976.

Attorney(s) appearing for the Case

Legal Action Center of the City of New York, Inc. by Elizabeth B. DuBois, Risa G. Dickstein, Mark C. Morril, New York City, Paul, Weiss, Rifkind, Wharton & Garrison, New York City [of counsel], by Arthur L. Liman, New York City, Michael Meltsner, New York City [of counsel], Goldman & Hafetz, New York City [of counsel], by Frederick P. Hafetz, New York City, for petitioners.

Louis J. Lefkowitz, Atty. Gen. by Rhonda Amkraut Bayer, Deputy Asst. Atty. Gen., New York City, for respondents.

Presutti & Leonardo by Leslie A. Bradshaw, Rochester, N. Y., for intervenors [Mosley & McNair].

Washington Square Legal Services, Inc. by Charles D. Terry, E. Judson Jennings, New York City, for intervenor [Fowler].

MEMORANDUM OPINION

MOTLEY, District Judge.

Pursuant to Rule 24 of the Federal Rules of Civil Procedure, Roberta Fowler has moved to intervene in this habeas corpus action which challenges the constitutionality of certain sections of the Penal Law, Criminal Procedure Law, and Correction Law of New York, as amended in 1973, governing the treatment of Class A felony drug offenders. The motion is granted.

Ms. Fowler is presently incarcerated at Bedford...

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