People v. Taylor

OPINION OF THE COURT

Steven W. Fisher, J.

The principal issue presented on this motion concerns whether the traditional Molineux1 rule applies in capital cases *111in New York. The defendant contends that the rule cannot be applied without violating what he maintains is a categorical prohibition against “non-statutory aggravation” in death penalty cases brought in this state.

In the two indictments before the court, defendant John Taylor stands charged with murder in the first degree and lesser crimes in connection with a May 24, 2000 robbery and shooting that left five persons dead and two injured…