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PEOPLE v. RIVERA

76 Misc.2d 414 (1973)

The People of the State of New York, Respondent, v. Gil Rivera, Appellant.

Supreme Court, Appellate Term, First Department.

November 30, 1973

Attorney(s) appearing for the Case

William Gallagher and Joseph Allen Kaplan for appellant. Mario Merola, District Attorney (Norman E. Frowley and Charles S. Fax of counsel), for respondent.

Concur — MARKOWITZ, P. J., QUINN and LUPIANO, JJ.

Per Curiam.

Where defendant pleads guilty to a violation of article 220 of the Penal Law, a medical examination to determine whether defendant is a narcotic addict is not required prior to sentencing unless the court has reason to believe from defendant's behavior while in custody or before the court, that he may be addicted. (Mental Hygiene Law, § 81.19; People v. Olson, 36 A.D.2d 966...

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