Opinion
February 26, 1973
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 28, 1971, convicting him of criminally selling a dangerous drug in the second degree, criminal possession of a dangerous drug in the fourth degree and criminal possession of a dangerous drug in the sixth degree (2 counts), upon a jury verdict, and sentencing him to an indeterminate prison term not to exceed seven years on each of the first two above-mentioned counts, to run concurrently, and to a conditional discharge on the other two counts. Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the Criminal Term for resentencing in accordance with section 208 of the Mental Hygiene Law. In our opinion, reversal of the sentence is required in this case. The record shows that the sentencing court was mindful that the Narcotic Addiction Control Commission was not accepting further certification, but was apparently unaware that several options for sentence could be applied. Accordingly, the case must be remanded for resentence ( People v. Bennet, 39 A.D.2d 320). Martuscello, Acting P.J., Latham, Shapiro, Christ and Brennan, JJ., concur.