PEOPLE v. ROSTON


37 A.D.2d 624 (1971)

The People of the State of New York, Respondent, v. Robert Roston, Appellant

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

June 23, 1971


Judgment reversed, on the law, and case remanded to the trial court for proceedings as indicated in the memorandum herein.

Defendant had undergone a medical examination pursuant to section 207 of the Mental Hygiene Law and had pleaded guilty to a felony and the trial court had determined that defendant was a narcotics addict, without giving him an opportunity to admit, deny or stand mute with respect to the issue of whether he was or was not a narcotics addict. Under...

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