Opinion
April 26, 1962
Judgment convicting defendant of violation of section 392 Veh. Traf. of the Vehicle and Traffic Law, unanimously modified, on the law, to the extent of limiting the sentence to a fine of $100 and imprisonment for 30 days, and, as so modified, affirmed. (Vehicle and Traffic Law, § 1801.) In the event of default in the payment of the fine, defendant is to be imprisoned one day for every dollar unpaid. (Code Crim. Pro., § 484.) The plea of guilty to a violation of section 392, not the crime or a derivative thereof charged in the indictment, was not improper. ( People v. Griffin, 7 N.Y.2d 511, 516.)
Concur — Breitel, J.P., Valente, McNally, Stevens and Steuer, JJ.