PEOPLE v. BUTTS


32 N.Y.2d 946 (1973)

The People of the State of New York, Respondent, v. Arthur Butts, Appellant. The People of the State of New York, Respondent, v. Russell Love, Also Known as Eugene Russell, Appellant. The People of the State of New York, Respondent, v. Samuel Easley, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1973.


Attorney(s) appearing for the Case

Sidney Freiberg for Arthur Butts, appellant.

Philip L. Weinstein and William E. Hellerstein for Russell Love, appellant.

Diana Budzanoski and William E. Hellerstein for Samuel Easley, appellant.

Mario Merola, District Attorney (Ronny Greenwald Siegal, Jeffrey Philip Sinensky and George S. Stone of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES, WACHTLER and BREITEL.


Orders affirmed; no opinion.

Judge BREITEL concurs in the following memorandum: I concur on constraint of People v. Carter (31 N.Y.2d 964). Were I not bound by the Carter case, I would vote to reverse and to interpret the statute as requiring a medical examination not only to verify the fact of addiction but as also having the enlightened purpose of providing the sentencing court with information on the...

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