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PEOPLE v. FUTCH

41 A.D.2d 598 (1973)

The People of the State of New York, Respondent, v. Richard Futch, Jr., Appellant

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

January 18, 1973

Judgment unanimously affirmed.

Memorandum:

At the time of sentencing the court was fully informed of defendant's heroin addiction and made substantial reference to it before pronouncing sentence. There was no doubt as to whether defendant was an addict. Under these circumstances "defendant is not prejudiced by failure to order an examination" (People v. Carter, 31 N.Y.2d 281; People v. Gordian,

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