Opinion
May 6, 1952.
Present — Peck, P.J., Callahan, Van Voorhis, Heffernan and Bergan, JJ. [ 200 Misc. 15.]
Order unanimously modified by eliminating the second decretal paragraph. We think that the Court of General Sessions was required to pronounce judgment but it was not required to impose sentence of a prison term. It is within the discretion of the Court of General Sessions to impose a prison sentence or to suspend sentence. The question of the effect upon the parole rights of the defendant, in the event that a suspended sentence is imposed, is not before us. As so modified, the order appealed from is affirmed. Settle order on notice.