Peoplev. Gilmore

— Judgment unanimously modified on the law in accordance with the memorandum and as modified affirmed. Memorandum: The defendant’s contention that the statute (Mental Hygiene Law, § 208) is unconstitutional is without merit. Those portions of section 208 under attack here have been found to contain no constitutional defect (see People v. Fuller, 24 N Y 2d 292, 301). On April 10, 1970, after certification, defendant was committed by Buffalo City Court to the care and custody of the Narcotic Addiction Control Commission (NACC) for 36 months on a conviction for a misdemeanor. On April 23, 1970…