McHugh v. Joyce

Appeal from an order denying an application to compel respondent to correct an allegedly illegal sentence of one Miguel A. Walker by resentencing him in conformity with section 1048 of the Penal Law. Order reversed, without costs, application granted and matter remitted to the County Court of Kings County for resentenee. On Walker’s plea of guilty to murder in the second degree, the sentencing court, with every good intention, of course, imposed a sentence of not less than 20 nor more than 22 years in a State prison. Section 1048 of the Penal Law, prior to its amendment hy chapter 32 of the…