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PEOPLE v. FOWLER

38 A.D.2d 755 (1972)

The People of the State of New York, Respondent, v. Valgene Fowler, Appellant

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

January 31, 1972

Judgment affirmed.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and to remand the case to the Criminal Term for resentence, with the following memorandum:

To implement the purposes of article 9 of the Mental Hygiene Law for the treatment and rehabilitation of narcotic addicts and for the protection of society as well, the discretionary power of the sentencing court under section 208 of the Mental Hygiene Law, either...

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