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PEOPLE v. SMITH

80 A.D.2d 624 (1981)

The People of the State of New York, Respondent, v. William Smith, Also Known as Richard Harris, Appellant

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

February 17, 1981

Amended sentence reversed, on the law, and the case remitted to the County Court for resentencing in accordance herewith.

On May 5, 1977 defendant pleaded guilty to grand larceny in the third degree. Prior to sentencing he was examined pursuant to former section 81.21 of the Mental Hygiene Law and found to be a narcotic addict. On June 10, 1977 defendant admitted his addiction and was sentenced to a five-year period of probation pursuant to former section 60.03 of...

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