Majority
p. 729The People of the State of New York, Respondent, v. Theodore Rhodes, Appellant. Argued January 5, 1965; decided January 14, 1965.
p. 730
George L. Santangelo and Anthony F. Marra for appellant.
Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.
Judgment affirmed. Choosing the alternative treatment pursuant to sections 243 and 2189-a of the Penal Law is a matter of sound discretion for the sentencing Judge. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fold, Van Voorhis, Burke, Scileppi and Bergan.