PEOPLE v. CARTER


39 A.D.2d 537 (1972)

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

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

April 24, 1972


Reversed, on the law, and vacated, and the case remanded for resentencing in accordance with the procedure set forth in sections 207 and 208 of the Mental Hygiene Law and section 60.15 of the Penal Law.

Once the court below was apprised of defendant's use of narcotics, it should not have imposed sentence. The defendant should then have been given a medical examination. It was only after receipt of the report of such examination that sentence could be imposed. This...

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