Home/New York Court of Appeals/People v. Butts

People v. Butts

300 N.E.2d 735, 32 N.Y.2d 946, 347 N.Y.S.2d 203, 1973 N.Y. LEXIS 1165
New York Court of Appeals·Decided June 8, 1973·Published·Cited by 4 cases

Opinion

Orders affirmed; no opinion.

Concur: Chief Judge Fuld and Judges Bubke, Jasen, G-abbielli, Jones and Wachtleb. Judge Bbeitel concurs in the following memorandum: I concur on constraint of People v. Carter (31 N Y 2d 964). Were I not bound by the Garter 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 nature, circumstances, and extent of the addiction. Thus, the court would have an effective and informed basis for choosing between a treatment program and the usual penal sanction.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Butts, 300 N.E.2d 735, 32 N.Y.2d 946, 347 N.Y.S.2d 203, 1973 N.Y. LEXIS 1165 (N.Y. 1973).

300 N.E.2d 735 (People v. Butts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Whalen v. City of New York
103 Misc. 2d 449 (Civil Court of the City of New York, 1980)
Higby v. Mahoney
396 N.E.2d 183 (New York Court of Appeals, 1979)
People v. Hobson
348 N.E.2d 894 (New York Court of Appeals, 1976)
People v. Castro
339 N.E.2d 620 (New York Court of Appeals, 1975)