Morgan J. Gorman for appellant.
Samuel W. Bernstein, District Attorney (
Frederick J. Vavra of counsel), for respondent.
I conclude, therefore, that the evidence offered was admissible and was sufficient for the conviction of the defendant on the charge alleged in the complaint. He has been sentenced, however, to the maximum possible under that section. The appeal states as one of the grounds of the appeal that such sentence was excessive. It should be borne in mind that the defendant appeared voluntarily and surrendered himself to the police, not within the thirty days, but within about sixty days after the day set for the trial. The mere fact that he was not there on the day of the trial is not sufficient to convict him of this crime but it is necessary that he should not return within thirty days. The time when he did return ran slightly over thirty days. But suppose he had not returned within a year, or had not returned at all. He should get some credit for having surrendered himself soon after the thirty days had expired. The maximum penalty contemplates the most aggravated offense possible under this section and certainly this is not in that class. I hold that the sentence is excessive and reduce it by one half of the maximum sentence; viz.: six months in Onondaga Penitentiary and $250 fine with commitment for one day for each $2 of said fine unpaid. Submit order accordingly.