Judgment reversed as to the sentence, on the law, and the 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 criminal defendants under section 208 of the Mental Hygiene Law. It further appears that the probation report in this case was generally sympathetic to defendant's contention that he was an addict who genuinely...
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