People v. Crafton — 31 N.Y.2d 828

Majority

p. 828

The People of the State of New York, Respondent, v. Henry Crafton, Appellant. The People of the State of New York, Appellant, v. Lodovico Maranez, Respondent.

Argued November 3, 1972;

decided November 30, 1972.

p. 829

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.

p. 830

William Calm, 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. Marañes — 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.