Opinion
December, 1928.
Appeal from Court of Special Sessions of the City of New York.
Present — Dowling, P.J., Finch, McAvoy, Martin and O'Malley, JJ. Judgment modified by reducing the sentence to the time already served by the defendant, and as so modified affirmed.
We entertain no doubt whatever as to the defendant's guilt, and, therefore, affirm the conviction; but in view of the peculiar facts in this case as to the circumstances of the defendant and his family, we deem that justice will be served by limiting the sentence to the time already served by him.