Majority
p. 870The People of the State of New York, Respondent, v. George Smith, Appellant.
We find no error on the part of the trial court warranting reversal of the conviction, but determine that the fine of $500, in addition to imprisonment for six months, made the sentence excessive. Accordingly, the judgment should be modified by eliminating the fine and, as so modified, affirmed. ¡Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ.