People State New York v. Raymond Rios

[37 A.D.2d 734 Page 734] Appeal by defendant from an amended judgment of the Supreme Court, Kings County, rendered September 24, 1970, adjudging
him guilty of violation of probation and resentencing him to a prison term of not more than four years upon a prior conviction
of attempted burglary in the third degree, upon a guilty plea. Defendant is now incarcerated under this resentence. Judgment
modified, on the law, by deferring imprisonment under the resentence until the termination of defendant's in-patient confinement
as a narcotics addict pursuant to his certification as an addict on March 16, 1970. As so modified, judgment affirmed. On
June 24, 1969 defendant was sentenced to five years' probation by Mr. Justice BROWNSTEIN after he had pleaded guilty to attempted
burglary in the third degree. On March 16, 1970 he pleaded guilty to possession of a dangerous drug (heroin) in the fourth
degree, a misdemeanor, and was sentenced to the custody of the Narcotic Addiction Control Commission (NACC) for 36 months
by Mr. Justice KERN, pursuant to section 208 of the Mental Hygiene Law. In September, 1970, while still confined as an in-patient
by NACC, he was brought before Mr. Justice BROWNSTEIN for a hearing on the charge of violation of probation. After the hearing,
at which the violation of probation was established by defendant's guilty plea and sentence for possession of heroin, Mr.
Justice BROWNSTEIN revoked probation, imposed a prison sentence of up to four years, and committed defendant to the State
Department of Correction. Defendant is now incarcerated under Mr. Justice BROWNSTEIN'S sentence. While we find no fault with
the resentence imposed by Mr.