Majority
p. 946The People of the State of New York, Respondent, v. Arthur Butts, Appellant. The People of the State of New York, Respondent, v. Russell Love, Also Known as Eugene Russell, Appellant. The People of the State of New York, Respondent, v. Samuel Easley, Appellant. Argued May 30, 1973; decided June 8, 1973.
p. 947
Sidney Freiberg for Arthur Butts, appellant.
Philip L. Weinstein and William E. Hellerstein for Bussell Love, appellant.
Diana Hudzanoski and William E. Hellerstein for Samuel Easley, appellant.
Mario Merola, District Attorney (Bonny Greenwald Siegal, Jeffrey Philip Sinensky and George S. Stone of counsel), for respondent.
Orders affirmed; no opinion.
Concur: Chief Judge Fuld and Judges Bubke, Jasen, G-abbielli, Jones and Wachtleb. Judge Bbeitel concurs in the following memorandum: I concur on constraint of People v. Carter ( 31 N Y 2d 964 ). Were I not bound by the Garter case, . I would vote to reverse and to interpret the statute as requiring a medical examination not only to verify the fact of addiction but as also having the enlightened purpose of providing the sentencing court with information on the nature, circumstances, and extent of the addiction. Thus, the court would have an effective and informed basis for choosing between a treatment program and the usual penal sanction.
Cases cited
- People v. Carter 31 N Y 2d 964 p. 947