People v. Maguire

Defendant is charged with a violation of section 220.05 of the Penal Law, to wit: possession of marijuana. He shows no symptoms of narcotic addiction nor is there any information before the court indicating a probability of such addiction.

In People v. Purves (55 Misc 2d 227) section 207 of the Mental Hygiene Law was construed to require the examination of all *712persons charged with any violation of article 220 of the Penal Law, notwithstanding the absence of any evidence by way of symptoms or information to indicate that the person might appear to be a narcotic addict. The opinion proceeded on…