Opinion
February 7, 1972
Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 25, 1971, convicting him of criminally selling a dangerous drug in the fourth degree, upon a guilty plea, and imposing sentence. Judgment affirmed. No opinion. Shapiro, Gulotta, Christ and Benjamin, JJ., concur; Martuscello, Acting P.J., dissents and votes to reverse the judgment and to resentence defendant pursuant to section 207 and 208 of the Mental Hygiene Law (cf. People v. Sczerbaty, 37 A.D.2d 428).