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People v. Crafton

Court of Appeals of the State of New York
Nov 30, 1972
291 N.E.2d 722 (N.Y. 1972)

Opinion

Argued November 3, 1972

Decided November 30, 1972

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ROBERT J. SISE, J.

Paul J. Bloom, James J. McDonough and Matthew Muraskin for Henry Crafton, appellant.

Victor M. Ort, James J. McDonough and Matthew Muraskin for Lodovico Maranez, respondent. William Cahn, District Attorney ( Henry P. DeVine of counsel), for the People in each case.


MEMORANDUM. In each case the order appealed from should be affirmed. In People v. Crafton, the report of the medical examination conducted pursuant to the requirements of section 207 of the Mental Hygiene Law was before the court and addiction admitted by the defendant when the prison sentence for which he had bargained was imposed; and arraignment and hearing in literal compliance with section 208 of the Mental Hygiene Law were, therefore, unnecessary. The record in People v. Maranez — differing significantly from that in Crafton — does not satisfactorily demonstrate that either the fact of addiction or the history of the defendant's addiction was established before, and considered by, the sentencing court.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in memorandum.

In each case: Order affirmed.


Summaries of

People v. Crafton

Court of Appeals of the State of New York
Nov 30, 1972
291 N.E.2d 722 (N.Y. 1972)
Case details for

People v. Crafton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY CRAFTON…

Court:Court of Appeals of the State of New York

Date published: Nov 30, 1972

Citations

291 N.E.2d 722 (N.Y. 1972)
291 N.E.2d 722
339 N.Y.S.2d 678

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