Legal Opinion
Johnson v. Pataki
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1997PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
On March 7, 1995, the Governor approved the first legislative enactment of his term in office, designated as chapter 1 of the Laws of 1995. Included in this legislation, most of which was to become effective the following September 1st, was a return to the death penalty as a permissible sentence (Penal Law § 60.06), for an expanded list of crimes characterized as murder in the first degree (Penal Law § 125.27). The prosecutor with jurisdiction over such capital crimes is now given the power to seek one of three penalties: death, life imprisonment without parole,…
2Cases cited10 opinions
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Lochner v. New YorkSupreme Court of the United States · 1905
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Gaynor v. RockefellerNew York Court of Appeals · 1965
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3Cited by3 opinions
- MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997
- People v. ArthurNew York Supreme Court · 1997
- MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997