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PEOPLE EX REL. HUGGARD v. FLOOD

42 A.D.2d 874 (1973)

The People of the State of New York ex rel. Edward Huggard, Appellant, v. Walter J. Flood, as Warden of The Nassau County Jail, Respondent

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

August 13, 1973

Judgment reversed, on the law; petition for a writ of habeas corpus granted, and matter remitted to the County Court, Nassau County, for resentencing in accordance with the provisions of the Mental Hygiene Law.

Relator, an admitted addict, pleaded guilty to a class A misdemeanor and was sentenced to a one-year term in the county jail. The only permissible sentence, however, in the absence of a refusal by the Narcotic Addiction...

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