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 Commission Law accompanied, as too often occurs, with a recommendation of three years’ incarceration. The decision here is required by controlling decisions of the appellate courts (People v. Thompson, 251 N. Y. 428 , 432; People ex rel. Standik v. Ashworth, 9 Misc 2d 444 , affd. 266 App. Div. 775 ). In People ex rel. Shapiro v. Keeper of City Prison ( 290 N. Y. 393 ) it was held in effect that on habeas corpus the Supreme Court would be exercising independent discretion, not authorized by law, if it reviewed the findings of another court.