People v. Matthews

If the judgment in being in the alternative is erroneous, it may be corrected on the appeal.

Judgment modified by striking out the provision for imprisonment in case the defendant fails to pay the fine, and, as thus modified, judgment affirmed. Judgment to be entered and certified to the Oneida County Court, pursuant to section 547 of the Code -of Criminal Procedure.

All concurred, except Ward, J., not voting.