People ex rel. Pastore v. Ashworth

The writ is dismissed and the prisoner remanded. Despite the statements made by the sentencing judge, the appellate courts have ruled that a sentence under the Parole Commission Law (Correction Law, art. 7-A) is necessarily based upon a previous determination that the offender is not incapable of correctional and reformatory treatment. It seems necessary to remark that sentencing judges should not indulge in explosive language indicative of a finding of fact that the defendant is incorrigible and beyond reform and then conclude with the seeming non sequitur of a sentence under the Parole…