People v. Russell

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of County Court convicting him upon his plea of guilty of murder in the first degree (Penal Law § 125.27 [1] [a] [viii]; [b]), two counts of murder in the second degree (Penal Law § 125.25 [1]), and conspiracy in the fourth degree (Penal Law § 105.10 [1]). Defendant was sentenced to concurrent terms, the highest being life imprisonment without parole.

On appeal, defendant contends that CPL 400.27 (1) is unconstitutional because it provides for a full sentencing hearing in capital cases, but not in cases where a…