Majority
p. 503The People of the State of New York, Respondent, v. Espedito Castro, Appellant.
Judgment of conviction sentencing the defendant to the New York City Penitentiary, unanimously affirmed. In sentencing this defendant the court stated: “He’s a seriously disturbed individual with an apparent character disorder and there’s no possibility of any satisfactory community adjustment. I have no alternative except to commit him to the New York City Penitentiary.” We do not believe that this statement necessarily indicates that the defendant is not a proper subject for rehabilitation. Rather, it
p. 504
could mean that without such treatment there would be “no possibility of any satisfactory community adjustment.” In the circumstances the judgment must be affirmed.
Concur — Rabin, J. P., McNally, Stevens, Steuer and Witmer, JJ.