PEOPLE v. MURRAY


42 A.D.2d 588 (1973)

The People of the State of New York, Respondent, v. Thomas Allen Murray, Appellant

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

June 11, 1973


Resentence reversed, as a matter of discretion in the interest of justice, and the original sentence is reinstated, i.e., a term of three years' probation and a $250 fine. The fine is to be paid within 10 days after entry of the order to be made hereon.

Under all the circumstances herein, we are of the opinion that the imposition of a jail sentence (six months) was excessive and that the court below should not have changed the original...

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