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25 A.D.2d 503

People v. Castro

Appellate Division of the Supreme Court of the State of New York · decided 1966-02-03

Decided 1966-02-03

¶1Judgment of conviction sentencing the defendant to the New York City Penitentiary, unanimously affirmed. In sentencing this defendant the court stated: “He’s a seriously disturbed individual with an apparent character disorder and there’s no possibility of any satisfactory community adjustment. I have no alternative except to commit him to the New York City Penitentiary.” We do not believe that this statement necessarily indicates that the defendant is not a proper subject for rehabilitation. Rather, it *504could mean that without such treatment there would be “no possibility of any satisfactory community adjustment.” In the circumstances the judgment must be affirmed.

Concur — Rabin, J. P., McNally, Stevens, Steuer and Witmer, JJ.
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