The defendant, represented by an attorney, at sentence, was informed that he had been certified as an addict. Although, at this time, he had the right to have a hearing before the court or at a jury trial (Mental Hygiene Law, § 208, subd. 1), the defendant chose to stand mute, through his attorney, and declared he was ready for sentence. The court acted properly in inferring the defendant did not wish to be certified as an addict, although his language was imprecise...
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