People v. Mummiani

Motion for a certificate of reasonable doubt. Relator on trial on a charge of murder in the first degree. He interrupted the trial to plead guilty to murder in the second degree. On April 22, 1932 he was sentenced to 30 years to life imprisonment, 5 years of which was pursuant to section 1944 of the Penal Law, for the commission of crime while armed. He appealed from so much of the order as imposed the additional sentence of five years. The Appellate Division (258 App. Div. 643) remanded the case for further sentencing, directing a hearing on the issue of whether the facts warranted the…