Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing.
It is indisputably apparent that on the date of defendant's sentence he was a narcotic addict and the Narcotic Addiction Control Commission was not accepting convicted defendants under section 208 of the Mental Hygiene Law. The sentencing court indicated that if the commission facilities were available on the date of sentence, defendant would have been certified thereto. Accordingly...
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