PEOPLE v. DI VITO


39 A.D.2d 968 (1972)

The People of the State of New York, Respondent, v. Dennis H. Di Vito, also Known as Dennis De Vito, Appellant

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

June 26, 1972


Judgment reversed, on the law, and case remanded to the County Court for resentencing of defendant in accordance with the views herein set forth.

Defendant's attorney informed the court at the time of sentence that defendant had been a drug addict, his criminal record was attributable to his addiction, he had been desirous of being cured and he had been accepted a few days prior thereto by Topic House, a facility for the treatment of drug addiction, as a person who...

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