Majority
p. 310The People of the State of New York, Respondent, v. Louis DeLeen, Appellant. Argued March 8, 1943; decided April 15, 1943.
p. 311
Jacob Zelenko for appellant.
Nathaniel L. Goldstein, Attorney-General (Irving Galt, James Amadei and Conrad A. Johnson of counsel) for respondent.
Under section 203 of the Correction Law, the court had power to impose upon appellant an indeterminate sentence of confinement in the penitentiary. Such a penitentiary sentence was, however, the limit of the punishment that could be meted out to the offender. He could not, in addition thereto, be ordered to pay a fine.
The judgments should be reversed and the matter remitted to the Court of Special Sessions, for the imposition on appellant of a lawful sentence.
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Judgments reversed, etc.