PEOPLE v. BENNET


39 A.D.2d 320 (1972)

The People of the State of New York, Respondent, v. Frances Bennet, Appellant The People of the State of New York ex rel. Frances Bennet, Appellant, v. Walter J. Flood, as Warden of The Nassau County Jail, Respondent

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

July 5, 1972.


Attorney(s) appearing for the Case

James J. McDonough (Matthew Muraskin of counsel), for appellant.

William Cahn, District Attorney (Joseph A. DeMaro of counsel), for respondents.

RABIN, P. J., MUNDER, BRENNAN and BENJAMIN, JJ., concur.


HOPKINS, J.

The question before us is whether on sentencing the court must impose a prison term on a narcotic addict without considering the other alternatives open in cases of other offenders, simply because the Narcotic Addiction Control Commission (NACC) for reasons arising out of its own internal management would not at the time accept involuntary criminal certifications of addicts. We hold that imprisonment...

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