Opinion
May 12, 1941.
Appeal from Court of Special Sessions of the City of New York, Borough of Queens [County of Queens].
Present — Lazansky, P.J., Hagarty, Carswell, Johnston and Adel, JJ.
Judgment modified on the law and the facts by reducing the sentence to the payment of the fine of $250 and in default of payment sixty days in the City Prison and to the time, if any, already served in jail by appellant. As so modified, the judgment is unanimously affirmed. Appellant is a first offender. The oil which was misrepresented as olive oil was edible. Under the circumstances a fine of $250 is ample punishment.