PEOPLE v. SAVINO


40 A.D.2d 562 (1972)

The People of the State of New York, Respondent, v. Thomas Savino, Appellant

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

July 13, 1972


Judgment reversed as to the sentence, on the law and in interests of justice (CPL 470.15, subd. 2, par. [d], and case remitted to the Criminal Term for resentence in accordance with the views herein set forth.

Appellant was examined by the Narcotics Addiction Control Commission and found to be an addict. His codefendant's probation report (which includes references to appellant) states that the finding as to appellant followed a February 1, 1971 NACC examination....

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