[Download] "People State New York v. James Carter" by Court of Appeals of New York ~ Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: People State New York v. James Carter
• Author : Court of Appeals of New York
• Release Date : January 11, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Since the record amply demonstrates the fact that the defendant was addicted and that the sentencing court considered his request for treatment, strict and literal compliance with sections 207 and 208 of the Mental Hygiene Law was unnecessary. (See People v. Gordian, 39 A.D.2d 861; cf. People v. Crafton, 31 N.Y.2d 828.) As the Appellate Division declared in the Gordian case (39 A.D.2d 861, supra), "[the] only purpose of the examination is to determine whether or not the defendant is an addict. If the court has determined that despite that fact a sentence to a penal institution is called for, there is no necessity for an examination. It would appear that the only instances where a report would be of any assistance to the court is where the court is in doubt as to whether the defendant is an addict and would commit him to the Commissioner if he were, and where the court has in mind suspending sentence. Absent both of these considerations, it is beyond cavil that the defendant is not prejudiced by the failure to order an examination."

Download Free Books "People State New York v. James Carter" PDF ePub Kindle