HOPES FADING FOR REVISION OF ROCKEFELLER DRUG LAWS

Gov. George E. Pataki and Assembly Speaker Sheldon Silver acknowledged
yesterday that they had reached a stalemate over revising the state's
Rockefeller drug laws, and heatedly disagreed over who was responsible.

Each accused the other of lacking the will to act, and each called the
other guilty of playing politics. The charges seemed to dampen hopes that a
revision of the laws could be achieved this year " a year that advocates
of revision had seen as favorable to their cause, given the backdrop of the
race for governor and legislative elections.

The Legislature left Albany this summer without reaching a compromise on
changing the laws, which set mandatory sentences for drug offenses.
Lobbyists have been pressing to have the laws amended, saying the sentences
for low-level, nonviolent drug offenders were too long. Republicans and
Democrats both endorsed changes, albeit with significant differences.
Negotiations had been conducted, but the flare-up indicated little progress
had been made.

The rhetoric, even for Albany, where public shaming is considered a
standard negotiating tactic, was unusually high-pitched, coming as it did
before the gubernatorial race.

Mr. Silver, a Democrat, prompted an exchange with the governor by calling a
news conference with H. Carl McCall, the state comptroller who is seeking
the Democratic nomination for governor. The conference, on the steps of
City Hall, was billed as a joint statement criticizing the governor for
failing to reach a compromise on the laws.

But Governor Pataki made a preemptive strike, issuing a strongly worded
statement: "Today what has been apparent for several weeks now becomes
crystal clear. The Assembly Democrats would rather play politics with
Rockefeller drug law reform than achieve real reform."

Mr. Silver and Mr. McCall, standing shoulder to shoulder, returned the
volley. "It's time for Governor Pataki to lead or get out of the way," Mr.
McCall said.

Opponents of the laws had pinned their hopes on this election season. Mr.
Pataki, who has been courting Latino voters, said he would change the laws;
advocates for revisions said they thought the governor might feel pressured
to deliver results. Nine of 10 drug offenders in prison are black or
Hispanic. Yesterday, however, Democratic officials said that Mr. Pataki's
concerns over Tom Golisano, an opponent in the gubernatorial race, might be
outweighing his desire for Latino support.

The Pataki administration shook off criticism about the drug laws.
Officials said they had a comprehensive proposal and that the Democratic
Assembly had balked. Republicans suggested that Mr. Silver wanted to deny
Mr. Pataki a legislative victory before the election.

Some of the people pushing for the revisions said they feared it would be
at least another year before the issue could gain any traction. John Dunne,
a former Republican state senator who helped write the laws and has spent
the last few years to trying to change them, said, "There seemed to be
general public recognition that reform should be accomplished."

Both sides had agreed that drug treatment, rather than jail time, should be
an option for low-level, nonviolent drug offenders. But they disagreed on
core issues. The governor wanted prosecutors to decide which offenders were
eligible for treatment, while Mr. Silver said the choice should rest with
judges. Mr. Silver wanted any changes to sentences to be retroactive, while
the governor wanted to require those serving time to petition for release.