People v. Couser

OPINION OF THE COURT

Bellacosa, J.

This appeal requires our Court to determine whether the statutory meaning of the word “commanded” is impermissibly vague under the Due Process Clause of the 14th Amendment of the United States Constitution. The issue arises in the context of the accomplice-liability aggravating factor which can elevate a murder to first degree rank (Penal Law § 125.27).

The word “command” has a commonly accepted meaning, and we conclude that it survives the standard due process constitutional attack. Thus, we affirm the order of the Appellate Division, holding that the…