People v. Ray

The question here involved is whether the court will follow the recommendation of the jury and impose upon defendant a sentence for the term of his natural life or sentence him to death. The jury has found the defendant guilty of murder, first degree, and as a part of its verdict has recommended that he be imprisoned for the term of his natural life.

The determination of the question turns upon the meaning of the word “ may ” as contained in the last sentence of section 1045-a of the Penal Law which reads as follows:

“ § 1045-a. Life imprisonment for felony murder; Jury may recommend. A jury…