CUOMO URGES REPEAL OF ROCKEFELLER DRUG LAWS AND OFFERS NEW SENTENCING PLAN

Andrew M. Cuomo called for the outright repeal of mandatory minimum
sentences for nonviolent, low-level drug offenders yesterday, and took his
rivals in the campaign for governor to task for not doing more to roll back
the so-called Rockefeller drug laws.

At a campaign stop in East Harlem, Mr. Cuomo offered an alternative plan
for the sentencing of low-level drug offenders, and accused his Democratic
opponent, H. Carl McCall, and Gov. George E. Pataki of failing to change
the "antiquated criminal justice system." Mr. Cuomo called the existing
laws "probably the most personal, the most human manifestation" of Albany's
failings.

By going further than his two major opponents in his opposition to the
Rockefeller drug laws, Mr. Cuomo was clearly trying to capitalize on an
issue that has resonated with traditionally Democratic voters, but
primarily with blacks and Hispanics, who account for more than 90 percent
of the 19,000 people in prison for drug offenses.

Mr. Pataki, a Republican who is seeking a third term, has sought support
from Latino voters and has repeatedly told Spanish-speaking audiences that
he is fighting to change the laws. But the issue went nowhere in Albany
again this year, with the governor and legislative leaders unable to agree
on a plan for reform.

For his part, Mr. McCall, the state comptroller who is Mr. Cuomo's opponent
in the Sept. 10 Democratic primary, has called for changes in the
sentencing, which a growing chorus of critics has characterized as unduly
harsh.

Those trying to change the laws — passed in the days when drug use was on
the rise and the criminal justice system was seen as lenient on drug crimes
— say they have resulted in first-time, nonviolent offenders' serving 15
years or more in prison when many would be better served by drug treatment.
The critics also said that, by removing judges' discretion, the laws have
resulted in low-level drug addicts facing longer sentences than drug kingpins.

Mr. McCall has regularly accused the governor of paying nothing more than
"lip service" to the issue and says he supports drug legislation proposed
by the Democratic-led State Assembly.

Even yesterday, after being informed of Mr. Cuomo's position, Mr. McCall
saved his harshest words for Mr. Pataki. "Let's be clear," Mr. McCall said
at a campaign event in Lower Manhattan in which he accepted the endorsement
of Council 1707, the union of day care, home care and social service
workers. "The reason the Rockefeller drug laws are still in effect is
George Pataki for the last eight years has been governor. And during that
period, he has not provided the leadership to change them."

Under Mr. Cuomo's proposal, a commission would develop new sentencing
guidelines that would take into account not only the amount of drugs
involved, but the role of the defendant in the crime.

At the same time, Mr. Cuomo sought cover from accusations of being soft on
crime by proposing additional penalties for the use of a deadly weapon in
any crime.

Asked how he would persuade a Republican Senate to repeal the laws, Mr.
Cuomo said he would "explain it to the people" and let them tell their
representatives.

Robert Gangi, a leading opponent of the drug laws, said Mr. Cuomo's
proposal went beyond any he had heard from a "mainstream political figure"
in a statewide race. "It's clear that he has separated himself from the
pack on this issue, and it's a brave and commendable move," he said.

Mr. Gangi's group, the Correctional Association of New York, has long
advocated the wholesale repeal of the existing sentencing laws, but that
has come to be thought of as a political impossibility in Albany. In May,
Mr. Pataki made a proposal that would have done away with life sentences
and parole, but left mandatory minimum sentences in place. Some opponents
of the laws said the plan could conceivably result in longer sentences for
offenders.

Another sticking point was the degree of discretion judges would have under
the Pataki plan, which would leave the decision about who gets drug
treatment in the hands of prosecutors. The Assembly agreed, as long as
their decision could be appealed to a judge. But Democrats balked at the
strict guidelines the governor wanted those judges to follow.

Still, the governor has said he is in favor of reform. His administration,
sensitive to criticism on the issue, has twice objected to a
Spanish-language commercial attacking the governor's proposals for change.
Although the administration's complaints were based in part on their own
mistranslation, two television stations pulled the commercial.

Yesterday a Pataki spokeswoman defended his record. "This is the first
governor in 30 years that has advanced a comprehensive plan for reform of
the Rockefeller drug laws," said Jennifer Farina, the spokeswoman. "We're
working hard with the Legislature, and hopefully the Legislature is ready
to work with us."

The talk of drugs prompted a reporter to ask Mr. Cuomo whether he had ever
used illegal substances. "I have tried marijuana in my youth," Mr. Cuomo
said, but he refused to say whether he had enjoyed it.

Mr. McCall, when asked a similar question, answered, "It doesn't matter."
Addressing the news media, he asked, "Would you care whether somebody you
voted for smoked pot or not?" A spokesman for Mr. McCall later said the
candidate had not used illegal drugs. Mr. Pataki, in his first campaign for
governor, admitted to the use of marijuana in his youth.

Meanwhile, in a response to reports last week that Mr. Cuomo has been
paying less than a quarter of the advertised rent for his campaign
headquarters, Assemblyman Keith Wright, the chairman of the New York State
Standing Committee on Election Law, released a letter to the State Board of
Elections asking for an investigation, claiming that the arrangement
amounted to an in-kind donation that far exceeded campaign finance limits.

Mr. Cuomo's campaign has said that he agreed to certain conditions,
including moving out immediately if another tenant were found, that lowered
the value of his lease.

The Board of Elections had not yet received the letter, a spokesman said
yesterday.