PEOPLE v. ESPERTO


40 A.D.2d 834 (1972)

The People of the State of New York, Respondent, v. Robert Esperto, 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 remanded to the County Court for resentence in accordance with the views herein set forth.

The record indicates that defendant was a drug addict entitled to examination and sentencing pursuant to sections 207 and 208 of the Mental Hygiene Law. The County Court recognized his addiction, but did not give him the benefit of the treatment accorded by those provisions of the law because the Narcotic Addiction Control Commission had...

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