People v. Hirsch

— 'Defendant appeals from a judgment of the County Court of the County of Kings convicting him, upon a plea of guilty, of the crime of petit larceny, and from two orders of the said court denying his motions in the nature of coram nobis to vacate the said judgment and to permit the withdrawal of the guilty plea. 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.…