People v. Rodriguez

Judgment, Supreme Court, New York County, rendered July 2, 1974, unanimously modified, in the exercise of discretion and the interest of justice, to vacate the sentence of one year and to remand to the sentencing Justice to- impose a sentence of intermittent imprisonment pursuant to section 85.00 of the Penal Law, and otherwise affirmed. In our view, considering all the circumstances of this case, as well as the probation report, confinement for the term imposed is inappropriate. On the other hand, probation is not called for as it would confer no particular benefit upon society:…