
    The People of the State of New York, Respondent, v. Tom Blackman, Appellant.
   Appeal by defendant from a judgment of the County Court, Orange County, rendered February 11, 1971, convicting him of criminal possession of a dangerous drug in the fifth degree, a Class E felony, upon his plea of guilty (the plea was upon two indictments charging possession and sale of narcotics), and sentencing him to an indeterminate prison term of not more than three years. Judgment reversed, on the law, and case remanded to the County Court for (1) a direction that examination of appellant be had in pursuance of sections 207 and 208 of the Mental Hygiene Law and (2) for resentencing in compliance with said statute. Since defendant was charged with a violation of article 220 of the Penal Law, and there was sufficient indication before the sentencing court that he might be a narcotic addict, the sentencing court should not have imposed sentence prior to receiving the report of the medical examination mandated by sections 207 and 208 of the Mental Hygiene Law (People v. Sczerbaty, 37 A D 2d 428; People v. Maranez, 39 A D 2d 589). Had appellant been found to be a narcotic addict, he would have had to be sentenced as required by subdivision 4 of section 208 of the Mental Hygiene Law. Rabin, P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.  