People v. Pechota

Martin, J. :

The defendant pleaded guilty to the crime of murder in the second degree, which plea, upon the recommendation of the district attorney, was accepted by the court. He was then sentenced to “ be imprisoned in the State Prison, at hard labor for the term the minimum of which shall not be less than thirty years, and the maximum of which shall be the natural life of the said Frank Pechota.”

The question presented on this appeal involves the construction of section 1048 of the Penal Law with reference to punishment for the crime of murder in the second degree. Section 1048 of the Penal…