People v. Scanlon

Even if it be assumed, in the light of the decision rendered by the Court of Appeals when it dismissed the appeal from our prior order (6 N Y 2d 185), that the Special Term in the exercise of its discretion is empowered to amend or modify the judgment as distinguished from vacating it, we believe, nevertheless, that the Special Term improvidently exercised its discretion in amending the judgment so as to permit defendant to resume his activity as a stockbroker. The only reason for the amendment was that defendant’s conduct since the entry of the judgment in 1939 had been ethical, exemplary…