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PEOPLE v. REYES

26 N.Y.2d 97 (1970)

The People of the State of New York, Appellant, v. Antonio Reyes, Respondent.

Court of Appeals of the State of New York.

Decided January 22, 1970.

Attorney(s) appearing for the Case

Burton B. Roberts, District Attorney (Daniel J. Sullivan of counsel), for appellant.

Joel Berger and Milton Adler for respondent.

Judges BERGAN, BREITEL and JASEN concur with Judge SCILEPPI; Chief Judge FULD and Judges BURKE and GIBSON dissent and vote to affirm on the opinion at the Appellate Division.

SCILEPPI, J.

On May 24, 1968 the defendant pleaded guilty to criminal possession of a dangerous drug in the fourth degree. After the court's acceptance of the plea, the clerk stated to the defendant: "The Court has just read a medical report which certifies you to be a narcotic addict. You have a right to admit, deny or to stand mute that you are a narcotic addict. If you deny or stand mute, you have a right to...

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