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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1971
36 A.D.2d 825 (N.Y. App. Div. 1971)

Opinion

April 5, 1971


Appeal by defendant from a judgment of the County Court, Rockland County, rendered June 9, 1970, convicting him of assault in the third degree, a Class A misdemeanor, upon his plea of guilty, and sentencing him to a three-year period of probation, plus a $500 fine, payable in five monthly installments of $100, and, in the event of nonpayment of the fine, a jail term until payment is made, but not exceeding 180 days. Judgment modified, on the law, by reducing the jail term to be served, in the event the $500 fine is not paid, to a period not exceeding 120 days. As so modified, judgment affirmed. Under section 470-d of the Code of Criminal Procedure, the court may direct a defendant to be imprisoned if he fails to pay a fine as directed; but, where a fine is imposed for a misdemeanor, the period of imprisonment "shall not exceed one-third of the maximum authorized term of imprisonment" (subd. 2, par. [b]). Subdivision 1 of section 70.15 Penal of the Penal Law provides that a sentence of imprisonment for a Class A misdemeanor shall not exceed one year. Accordingly, the conditional imprisonment at bar, if the fine is not paid, cannot exceed 120 days. We have also considered the recent decision of the Supreme Court of the United States in Tate v. Short ( 401 U.S. 395) and find the holding therein to be inapplicable at bar. Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1971
36 A.D.2d 825 (N.Y. App. Div. 1971)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK BROWN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1971

Citations

36 A.D.2d 825 (N.Y. App. Div. 1971)