MATTER OF HOGAN v. BOHAN


279 A.D. 1043 (1952)

In the Matter of Frank S. Hogan, as District Attorney of New York County, Respondent, v. Owen W. Bohan, as a Judge of the Court of General Sessions, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 6, 1952.


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...

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