PEOPLE v. LEVI


33 A.D.2d 566 (1969)

The People of the State of New York, Respondent, v. Eric Levi, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1969


Judgment reversed, on the law and the facts, defendant's plea of guilty vacated, indictment reinstated, and case remitted to the County Court for further proceedings not inconsistent herewith.

At the time defendant pleaded guilty, the County Court had "reasonable cause to believe that the defendant * * * [was] a narcotic addict" (Mental Hygiene Law, § 208, subd. 1). The court therefore had the clear duty under subdivision 1 of section 208 of the Mental Hygiene...

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