Opinion
March 15, 1971
Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 6, 1970, convicting him of criminal possession of a dangerous drug in the fourth (now the sixth) degree, a Class A misdemeanor, upon his plea of guilty (the plea was upon one indictment that also covered another indictment charging possession and sale of narcotics), and sentencing him to a reformatory term of imprisonment. Judgment reversed, on the law; examination of appellant ordered in pursuance of sections 207 and 208 of the Mental Hygiene Law; and new sentence directed to be imposed by the County Court of Suffolk County in compliance with said statutes. Since defendant was charged with a violation of article 220 of the Penal Law, the sentencing court should not have imposed sentence prior to receiving the report of the medical examination mandated by sections 207 and 208 of the Mental Hygiene Law. In the event that appellant were found to be a narcotic addict, he had to be sentenced as required by subdivision 4 of section 208 of the Mental Hygiene Law. Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.