Judgment, Supreme Court, Bronx County rendered on March 12, 1971, unanimously affirmed. Concur — Stevens, P. J., Nunez, Kupferman and Eager, JJ.; Murphy, J., concurs in the following memorandum: I concur on constraint of People v. Gordian (39 A D 2d 861) since it appears that the defendant was examined and certified as a drug addict the day after his arrest.