Opinion
February 26, 1973
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, rendered April 7, 1972, upon a conviction of attempted burglary in the third degree, upon a guilty plea. Defendant was sentenced to an indeterminate prison term of not more than three years, with a recommendation that he receive medical treatment. Sentence reversed, on the law, and case remanded to the Criminal Term for further proceedings not inconsistent with the views herein set forth. At the time of the guilty pleading, the court had information before it which indicated that defendant might be a drug addict and the court said that, if defendant were an addict, it could, on sentencing, consider the question whether defendant was entitled to rehabilitation for his addiction. Accordingly, defendant could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law ( People v. Maranez, 39 A.D.2d 589, affd. 31 N.Y.2d 828). It appears from the record that the sentencing court may have been influenced by misinformation with respect to whether defendant had applied to Project R.E.T.U.R.N. for rehabilitation. Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.