People v. Courtney

Abbaham N. (Teller, J.

This is a motion for a special jury pursuant to section 749-aa of the Judiciary Law. Defendant has been indicted for the crime of murder in the first degree.

Defendant opposes the application on the ground that the District Attorney has failed to allege any facts to show how the case is brought within the requirements of the statute. The moving papers simply set forth the usual formal grounds advanced on such an application.

However, it is well established that a capital case is of such “ importance ” that the simple allegation of an indictment for such a crime dispenses…