Judgment reversed as to the sentence, as a matter of discretion in the interest of justice, and otherwise affirmed, and case remanded to the Criminal Term for resentencing in accordance with the views herein set forth.
If upon this remand it is determined that defendant is not addicted, he should be sentenced to a five-year term of probation in accordance with section 65.00 of the Penal Law, but if it is determined that he is addicted, he should be resentenced in...
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