Opinion
October 16, 1967
Judgment of the Supreme Court, Kings County, rendered December 6, 1965, convicting appellant of possession of narcotics, as a misdemeanor, upon a plea of guilty, and sentencing him as a multiple narcotics offender to an indefinite term of imprisonment in the New York City Penitentiary, affirmed. Appellant's sole contention is that the sentence to an indeterminate term constituted reversible error and that for the misdemeanor of which he was convicted the court was required to sentence him to serve a definite, fixed term of imprisonment. In our opinion, the comments of the sentencing Justice cannot be construed as a finding of incorrigibility (see, People v. Watson, 19 A.D.2d 631; People v. Ambrosino, 20 A.D.2d 793; People v. Wilson, 17 N.Y.2d 40, 44). Beldock, P.J., Christ, Rabin, Benjamin and Munder, JJ., concur.