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PEOPLE v. AYALA

40 A.D.2d 832 (1972)

The People of the State of New York, Respondent, v. Epifanio Ayala, Appellant

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

November 6, 1972

Sentence reversed, on the law, and case remitted to the County Court for resentence in accordance with sections 207 and 208 of the Mental Hygiene Law.

Defendant was charged with an offense under article 220.00 of the Penal Law; and information contained in the presentence investigation report indicated that he was a narcotic addict. Accordingly, he could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law (People v. Sczerbaty...

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