PEOPLE v. PERRYMAN


40 A.D.2d 1007 (1972)

The People of the State of New York, Respondent, v. James Martin Perryman, Appellant

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

December 18, 1972


Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing in compliance with section 208 of the Mental Hygiene Law.

The record reveals that although defendant was certified an addict following an examination pursuant to section 207 of the Mental Hygiene Law, the Criminal Term failed to comply with the provisions of section 208 in imposing sentence. Furthermore, the sentencing court was influenced by a pretrial conference with the prosecutor...

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