[Download] "People State New York v. James Carter" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. James Carter
- Author : Supreme Court of New York
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[39 A.D.2d 537 Page 537] Judgment, Supreme Court, New York County, rendered on August 4, 1971, convicting defendant, upon his plea of guilty, of
criminal possession of a dangerous drug in the fifth degree, reversed, on the law, and vacated, and the case remanded for
resentencing in accordance with the procedure set forth in sections 207 and 208 of the Mental Hygiene Law and section 60.15
of the Penal Law. Once the court below was apprised of defendant's use of narcotics, it should not have imposed sentence.
The defendant should then have been given a medical examination. It was only after receipt of the report of such examination
that sentence could be imposed. This is the mandatory procedure outlined in the above-cited sections. (People v. Odom, 32
A.D.2d 651).