Judgment reversed, on the law, and case remitted to the Criminal Term for resentence in accordance with sections 207 and 208 of the Mental Hygiene Law. The findings of fact below are affirmed.
Defendant was charged with an offense under article 220 of the Penal Law and appeared to be addicted to heroin (see Mental Hygiene Law, § 207). Accordingly, he could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law which require...
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