PEOPLE v. J.


40 A.D.2d 1037 (1972)

The People of the State of New York, Respondent, v. Brian C. J. (Anonymous), Appellant

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

December 29, 1972


The sentence committed defendant to an indeterminate reformatory term of four years. Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing. The record clearly indicates that the sentencing court was aware of defendant's drug usage at the time it sentenced him to probation and when defendant was later sentenced after violation of probation. However, the court failed to order an examination as required by section 207 of the Mental Hygiene Law...

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