In our opinion, according to subdivision 1 of section 208 of the Mental Hygiene Law, as amended by section 1 of chapter 809 of the Laws of 1969, effective May 22, 1969, the court below should have advised defendant at the time of sentencing of his right to a jury or nonjury hearing on the addiction hearing, before requiring him to admit, deny or stand mute as to whether he is an addict.
The judgment...
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