Torres v. Gallucci

Rabin, P. J., Hopkins, Munder and Martuscello, JJ., concur; Gulotta, J., dissents and votes to dismiss petition on the ground that the mere fact that petitioner is charged with a violation of article 220 of the Penal Law in and of itself makes an examination mandatory under section 207 of the Mental Hygiene Law. In this ease petitioner, an accused marijuana seller, resists a physical examination pursuant to section 207 of the Mental Hygiene Law, claiming he has shown no symptoms of narcotic addiction. Thus, the issue is more clearly defined than in People v. Olson (36 A D 2d 966), where both…