Opinion
February 17, 1972
Appeal from the Erie County Court.
Present — Marsh, J.P., Witmer, Gabrielli, Moule and Henry, JJ.
Judgment unanimously affirmed. Memorandum: In reliance upon People v. Roston ( 37 A.D.2d 624) the defendant claims he was not given an opportunity to admit or deny or stand mute with respect to the question of his addiction. In view of defendant's admission in open court that he was an addict, we find no issue.