People v. Owens
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
David D. Egan, J.
Defendant moves this court to declare Penal Law § 125.27 (1) (a) (vii) unconstitutionally vague and overbroad because it *491includes certain phrases that “fail[ ] to receive consistent definitions.” Defendant argues that the phrases “in the course of’ and “in furtherance of’ run afoul of his State and Federal constitutional protections. (See, NY Const art I; US Const 5th, 6th, 8th, 14th Amends.) Defendant seeks to have this court dismiss the first degree murder counts of the indictment, or preclude their application to him. The People oppose his motion.
The…
2Cases cited11 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Zant v. StephensSupreme Court of the United States · 1983
- Tuilaepa v. CaliforniaSupreme Court of the United States · 1994
- People v. BornholdtNew York Court of Appeals · 1973
- People v. BrightNew York Court of Appeals · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. TaylorNew York Supreme Court · 2002