PEOPLE EX REL. MARIELLO v. MONTANYE


73 Misc.2d 82 (1973)

The People of the State of New York ex rel. Stephen L. Mariello, Petitioner, v. Ernest L. Montanye, as Superintendent of Attica Correctional Facility, Respondent.

County Court, Wyoming County.

March 9, 1973


Attorney(s) appearing for the Case

Stephen L. Mariello, petitioner in person, and Edward L. Chassin for petitioner. Louis J. Lefkowitz, Attorney-General (Bedros Odian of counsel), for respondent.


JULIAN R. HANLEY, J.

Petitioner is serving a seven-year sentence for criminally selling a dangerous drug in the fourth degree, a 1971 violation of section 220.30 of the Penal Law. He did not receive any examination for drug addiction before he was sentenced.

Section 207 (now § 81.19) of the Mental Hygiene Law attempts to define those criminals who must be examined for narcotics addiction before they can be sentenced. Provisions are made for...

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