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People v. Butts

300 N.E.2d 735, 32 N.Y.2d 946, 347 N.Y.S.2d 203, 1973 N.Y. LEXIS 1165
CourtNew York Court of Appeals
DecidedJune 8, 1973
StatusPublished
Cited by4 cases

This text of 300 N.E.2d 735 (People v. Butts) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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.

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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)

Cite This Page — Counsel Stack

Bluebook (online)
300 N.E.2d 735, 32 N.Y.2d 946, 347 N.Y.S.2d 203, 1973 N.Y. LEXIS 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-butts-ny-1973.