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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON HIRSCH, Appellant.

Judgment reversed and the matter remitted to the County Court for resentencing. A person may not be sentenced to serve a term of imprisonment in a penitentiary and at the same time have a fine imposed upon him, as punishment upon conviction of a crime. (Correction Law, § 203, subd. [f]; People v. DeLeen, 290 N.Y. 310. ) Orders affirmed. Although there appears to be at least grave doubt that appellant in fact committed any crime, he did plead guilty upon a prosecution which was based on an indictment which is apparently valid on its face, and the record conclusively establishes that the plea was not induced by any official fraud. (See People v. Warnbrand, 278 App. Div. 956.) Nolan, P.J., Carswell, Adel, Wenzel and MacCrate, JJ., concur.

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PEOPLE v. HIRSCH
(Apr 20, 1953)