Opinion
January 18, 1973
Appeal from the Monroe County Court.
Present — Goldman, P.J., Marsh, Moule, Cardamone and Simons, JJ.
Judgment unanimously affirmed. Memorandum: At the time of sentencing the court was fully informed of defendant's heroin addiction and made substantial reference to it before pronouncing sentence. There was no doubt as to whether defendant was an addict. Under these circumstances "defendant is not prejudiced by failure to order an examination" ( People v. Carter, 31 N.Y.2d 281; People v. Gordian, 39 A.D.2d 861).