People v. Smith
284 A.D. 870 | N.Y. App. Div. | 1954
We find no error on the part of the trial court warranting reversal of the conviction, but determine that the fine of $500, in addition to imprisonment for six months, made the sentence excessive. Accordingly, the judgment should be modified by eliminating the fine and, as so modified, affirmed. ¡Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ.