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PEOPLE v. RIVERA

32 A.D.2d 952 (1969)

The People of the State of New York, Respondent, v. Angel Rivera, Appellant

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

July 7, 1969

Judgment reversed, on the law, and case remanded for resentence of defendant in accordance with the applicable provisions of the Mental Hygiene Law. The findings of fact below are affirmed.

The provisions of section 208 of the Mental Hygiene Law are mandatory in the instances specified therein (cf. People v. Odom, 32 A.D.2d 651). The record before us raises serious doubt as to whether defendant, who had been certified as...

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