PEOPLE v. SCHMETZER


43 A.D.2d 593 (1973)

The People of the State of New York, Respondent, v. Robert Leroy Schmetzer, Appellant

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

November 26, 1973


Sentence for the felony affirmed and sentence upon the misdemeanor modified, on the law and as a matter of discretion in the interest of justice, by changing it to an unconditional discharge.

Defendant, an admitted drug addict, interposed two pleas of guilty, one to a felony and one to a misdemeanor, in satisfaction of all charges in two indictments. At sentencing, the court stated that it would not certify defendant to the care and custody of the Narcotic Addiction...

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