PEOPLE v. BROWN


36 A.D.2d 825 (1971)

The People of the State of New York, Respondent, v. Frederick Brown, Appellant

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

April 5, 1971


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...

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