Legal Opinion
People v. Benson
New York Supreme Court
Decided June 18, 1984PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward C. Alfano, J.
Defendant, as part of his omnibus motion, moves to dismiss the indictment on the ground that subdivision 3 of section 125.25 of the Penal Law (felony murder statute) is unconstitutional.1 The People oppose dismissal.2
Defendant has been indicted for murder in the second degree (felony murder), robbery in the first degree (two counts), and robbery in the second degree.
It is well settled that, “There is a strong presumption that a statute duly enacted by the Legislature is constitutional * * * the invalidity of the law must be demonstrated beyond a…
2Cases cited35 opinions
- Lockett v. OhioSupreme Court of the United States · 1978
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- Enmund v. FloridaSupreme Court of the United States · 1982
- People v. AaronMichigan Supreme Court · 1980
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3Cited by11 opinions
- State v. MaldonadoSupreme Court of New Jersey · 1994
- State v. RaglandSupreme Court of Iowa · 1988
- State v. BurkhartMontana Supreme Court · 2004
- – State v. Patterson –Supreme Court of Kansas · 2020
- Gaiter v. LordDistrict Court, E.D. New York · 1996
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