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ALVAREZ v. SMITH

No. 77 CIV 6180.

456 F.Supp. 658 (1978)

Leonard ALVAREZ, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility and Louis J. Lefkowitz, Attorney General of the State of New York, Respondents.

United States District Court, Ninth District, New York.

July 6, 1978.

Attorney(s) appearing for the Case

Leonard Alvarez, pro se.

Louis J. Lefkowitz, Atty. Gen. by Deputy Atty. Gen. B. R. Fertel, New York City, for respondents.

SAND, District Judge.

This habeas corpus proceeding challenges the constitutionality of certain sections of the New York Penal Law which govern the sentencing of Class A felony drug offenders.

Petitioner was convicted in March, 1976 of violations of Penal Law sections 220.21 (McKinney's Supp. 1978) (criminal possession of a controlled substance in the first degree) and 220.43 (McKinney's Supp. 1978) (criminal sale of a controlled substance in the first degree...

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