Majority
p. 826The People of the State of New York, Respondent, v. Lizzie Jenkins, Appellant. Supreme Court, Appellate Term, First Department, October 20, 1970.
Milton Adler and Juris G. Cederbaums for appellant. Frank 8. Hogan, District Attorney (Bennett L. Gershman of counsel), for respondent.
Defendant’s guilt of the crimes of assault in the third degree and resisting arrest was established beyond a reasonable doubt. Defendant also contends that the sentence of a fine of $50 on each of these two counts was excessive. She failed to substantiate that contention to our satisfaction (see Code Grim. Pro., §§ 470-d, 470L-e).
The mere fact that defendant is a recipient of supplemental. welfare benefits does not, ipso facto, exempt her from the sanctions of the criminal law. In this respect her position is no
p. 827
different from any other defendant^ who contends that his financial condition is such that he is unable to pay a fine.
The judgment of conviction should be affirmed.
Concur — G-old, J. P., Markowitz and Quinn, JJ.
Judgment affirmed.