Opinion
May 29, 1967
Judgment of the County Court, Westchester County, rendered June 9, 1966, modified, on the law and the facts, so as to provide that the execution of defendant's one-year sentence to the Westchester County Penitentiary be suspended and the defendant placed on probation. As so modified, judgment affirmed. This matter is remitted to the County Court, Westchester County, so as to enable it to fix the conditions of the probation. In our opinion, under the unusual circumstances herein, justice would be better served by placing defendant on probation. Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.