People ex rel. Mummiani v. Lawes

Hagarty, J. (dissenting).

I dissent from so much of the determination as limits remission of the matter to determination of the legality of imposition of a term of imprisonment for five years, pursuant to section 1944 of the Penal Law, and vote to remit for the additional purpose of correction of sentence imposed, pursuant to section 1048 of the Penal Law, from twenty-five to twenty years.

Section 1048 of the Penal Law, as amended by chapter 32 of the Laws of 1928, and effective as of the 1st day of July, 1928, reads:

“ Punishment for murder in the second degree. Murder in the second degree is…