Legal Opinion

People v. Butts

New York Court of Appeals

Decided June 8, 1973PublishedCited by 4 opinions

1Opinion of the Court

Orders affirmed; no opinion.

Concur: Chief Judge Fuld and Judges Bubke, Jasen, G-abbielli, Jones and Wachtleb. Judge Bbeitel concurs in the following memorandum: I concur on constraint of People v. Carter (31 N Y 2d 964). Were I not bound by the Garter case, . I would vote to reverse and to interpret the statute as requiring a medical examination not only to verify the fact of addiction but as also having the enlightened purpose of providing the sentencing court with information on the nature, circumstances, and extent of the addiction. Thus, the court would have an effective and informed…

2Cited by4 opinions

  1. People v. HobsonNew York Court of Appeals · 1976
  2. Higby v. MahoneyNew York Court of Appeals · 1979
  3. People v. CastroNew York Court of Appeals · 1975
  4. Whalen v. City of New YorkCivil Court of the City of New York · 1980

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