Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR BUTTS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

Orders affirmed; no opinion.

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER.

Judge BREITEL concurs in the following memorandum:

I concur on constraint of People v. Carter ( 31 N.Y.2d 964). Were I not bound by the Carter 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.

Use AI to get other relevant cases.

Comments

PEOPLE v. BUTTS
(Jun 8, 1973)