People ex rel. Mariello v. Montanye

Judgment unanimously affirmed. Memorandum: In 1971 petitioner was sentenced to a seven-year term of imprison*1093ment by the Tompkins County Court following his conviction on a charge of criminally selling a dangerous drug in the fourth degree. In 1973 he petitioned the Wyoming County Court for a writ of habeas corpus, contending that his sentence was improper because he was not first given a drug addiction examination pursuant to the provisions of former section 207 of the Mental Hygiene Law. His petition was dismissed on the ground that former section 207 only requires an addiction examination…