PEOPLE v. ROSSER


36 A.D.2d 35 (1971)

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

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

February 25, 1971.


Attorney(s) appearing for the Case

George H. Barber for appellant.

Arnold W. Proskin, District Attorney (Daniel G. Moriarty of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., COOKE and SWEENEY, JJ., concur.


GREENBLOTT, J.

This is an appeal from a judgment of the County Court of Albany County, rendered May 11, 1970, convicting defendant on his plea of guilty of criminal sale of a dangerous drug.

At the time of the sentencing appellant replied to the statutory inquiry, as to whether he had any cause why judgment should not be pronounced, that he was an addict and wanted to be helped. Nevertheless, the trial...

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