PEOPLE v. BAEZ


41 A.D.2d 675 (1973)

The People of the State of New York, Respondent, v. Victor Baez, Appellant

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

February 26, 1973


Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the Criminal Term for resentencing in accordance with section 208 of the Mental Hygiene Law.

In our opinion, reversal of the sentence is required in this case. The record shows that the sentencing court was mindful that the Narcotic Addiction Control Commission was not accepting further certification, but was apparently unaware that several options for sentence could be...

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