People v. Casareale

• Decision Date: 26 April 1962
• Citation: 227 N.Y.S.2d 216,16 A.D.2d 645
• Parties: The PEOPLE of the State of New York, Respondent, v. Dominick CASAREALE, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 216

227 N.Y.S.2d 216

16 A.D.2d 645

The PEOPLE of the State of New York, Respondent, v. Dominick CASAREALE, Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

April 26, 1962.

W. E. Dillon, New York City, for respondent.

O. F. Fusco, New York City, for defendant-appellant.

Before BREITEL, J. P., and VALENTE, McNALLY, STEVENS and STEUER, JJ.

PER CURIAM.

Judgment convicting defendant of violation of section 392 of the Vehicle and Traffic Law, unanimously modified, on the law, to the extent of limiting the sentence to a fine of $100 and imprisonment for 30 days, and, as so modified, affirmed. (Vehicle and Traffic Law, § 1801.) In the event of default in the payment of the fine, defendant is to be imprisoned one day for every dollar unpaid. (Code Crim.Proc. § 484.) The plea of guilty to a violation of section 392, not the crime or a derivative thereof charged in the indictment, was not improper. (People v. Griffin, 7 N.Y.2d 511, 516, 199 N.Y.S.2d 674, 677, 166 N.E.2d 684, 686.)