The results of that hearing might give the judge cause to set stiffer sentences.

One element of the bill that was dropped for now would set mandatory minimum sentences for anyone who uses a gun while committing a crime.

All of these judges convict or acquit, and set sentences.

Opponents of the laws, which set mandatory minimum sentences even for minor crimes, saw this year as favorable to their cause.

The proposal would leave it to individual state legislatures to set sentences and penalties.

But they find violations of the Constitution so flagrant that they set aside convictions or sentences.

The Legislature left Albany this summer without reaching a compromise on changing the laws, which set mandatory sentences for drug offenses.

The new law, already passed by the lower house, also sets sentences of between four and eight years for people apprehended possessing a number of weapons.

The law sets shorter mandatory sentences for possession or sale of smaller amounts.

The court's concern, Mr. Clement said, has been not to allow judges to set sentences beyond the "statutory maximum" for a crime.