PEOPLE v. BROWN


41 A.D.2d 569 (1973)

The People of the State of New York, Respondent, v. Charles Brown, Appellant

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

January 29, 1973


Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the County Court for resentencing.

At the time of sentencing the Narcotic Addiction Control Commission was not accepting referrals and the record on appeal does not make it clear that the sentencing court was aware that it could utilize the alternative sentencing provisions provided by the Penal Law (People v. Bennet, 39 A.D.2d 320

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