Order unanimously reversed on the law, motion granted, judgment vacated, and matter remanded to the court below for resentencing pursuant to the provisions of the Mental Hygiene Law.
Defendant, an admitted addict, pled guilty to criminal trespass, second degree, a misdemeanor, and was sentenced to a one-year jail term. The only permissible sentence, in the absence of a refusal by the Narcotic Addiction...
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