People v. Largue

Appellate Division of the Supreme Court of New York

People v. Largue

38 A.D.2d 833, 329 N.Y.S.2d 764, 1972 N.Y. App. Div. LEXIS 5444

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 1972

StatusPublished

This text of 38 A.D.2d 833 (People v. Largue) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Largue, 38 A.D.2d 833, 329 N.Y.S.2d 764, 1972 N.Y. App. Div. LEXIS 5444 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 7, 1970, convicting him of criminal possession of a dangerous drug in the third (now fifth) degree, upon a plea of guilty, and sentencing him to an indeterminate term of imprisonment not to exceed four years. Judgment reversed, on the law, and case remitted to the Criminal Term for resentenee in accordance with sections 207 and 208 of the Mental Hygiene Law. The findings of fact below are affirmed. Defendant was charged with an offense under article 220 of the Penal Law and appeared to be addicted to heroin (see Mental Hygiene Law, § 207). Accordingly, he could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law which require, inter alia, that the court order a physical examination to determine if the defendant is an addict and have the report of the examination before it prior to rendering judgment (People v. Sezerbaty, 37 A D 2d 428; People v. Odom, 32 A D 2d 651; People ex rel. Ali v. La Vallee, 36 A D 2d 140; People v. Rosser, 36 A D 2d 35; People v. Woodward, 36 A D 2d 1018; People v. Smith, 37 A D 2d 798). Rabin, P. J., Hopkins, Munder, Martuscello and Christ, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 7, 1970, convicting him of criminal possession of a dangerous drug in the third (now fifth) degree, upon a plea of guilty, and sentencing him to an indeterminate term of imprisonment not to exceed four years. Judgment reversed, on the law, and case remitted to the Criminal Term for resentenee in accordance with sections 207 and 208 of the Mental Hygiene Law. The findings of fact below are affirmed. Defendant was charged with an offense under article 220 of the Penal Law and appeared to be addicted to heroin (see Mental Hygiene Law, § 207). Accordingly, he could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law which require, inter alia, that the court order a physical examination to determine if the defendant is an addict and have the report of the examination before it prior to rendering judgment (People v. Sezerbaty, 37 A D 2d 428; People v. Odom, 32 A D 2d 651; People ex rel. Ali v. La Vallee, 36 A D 2d 140; People v. Rosser, 36 A D 2d 35; People v. Woodward, 36 A D 2d 1018; People v. Smith, 37 A D 2d 798). Rabin, P. J., Hopkins, Munder, Martuscello and Christ, JJ., concur.

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Bluebook (online)

38 A.D.2d 833, 329 N.Y.S.2d 764, 1972 N.Y. App. Div. LEXIS 5444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-largue-nyappdiv-1972.