People v. McSpirit

OPINION OF THE COURT

Memorandum.

Judgment of conviction modified on the law and as a matter of discretion in the interest of justice by deleting the term of *785incarceration from the sentence imposed, and as so modified, affirmed.

Under all the circumstances, including the absence of a prior criminal record on defendant’s part and any accident occurring as a result of her offense, the interest of justice will be satisfied by a modification of the sentence imposed as above indicated.

Defendant’s affidavit of errors asserts that the court below has a policy of incarcerating those who refuse to take a…