Majority
p. 755The People of the State of New York, Respondent, v. Hector Vasquez, Appellant.
Judgement rendered March 8, 1968, convicting defendant, upon his plea of guilty, of petit larceny, and committing him, upon a finding of narcotic addiction after a hearing, but without a jury, to the care and custody of the Narcotic Addiction Control Commission for a period not to exceed 36 months, unanimously modified on the law to the extent of remitting the case for a jury trial on the sole issue of whether the defendant is a narcotic addict and otherwise affirmed. .(See People v. Harris, 32 A D 2d 621 .) Concur — Eager, J. P., Capozzoli, Tilzer, Markewieh and ‘Steuer, JJ.