Legal Opinion

Hynes v. Tomei

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1997PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Mangano, P. J.

In New York, the death sentence may be imposed upon a defendant charged with murder in the first degree only after successive, unanimous jury verdicts are rendered on the issues of guilt and punishment. Various provisions of New York’s Criminal Procedure Law (hereinafter CPL) enable a defendant so charged to avoid any possibility of a death sentence by entering into a plea bargain agreement with the People. The question to be answered in this proceeding is whether these plea bargain provisions unconstitutionally penalize a capital defendant’s right to a jury…

2Cases cited37 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Brady v. United StatesSupreme Court of the United States · 1970
  4. Furman v. GeorgiaSupreme Court of the United States · 1972
  5. Santobello v. New YorkSupreme Court of the United States · 1971

32 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. HarrisNew York Court of Appeals · 2002
  2. MATTER OF HYNES v. TomeiNew York Court of Appeals · 1998
  3. Brown v. AppelmanAppellate Division of the Supreme Court of the State of New York · 1998
  4. Green v. DeMarcoNew York Supreme Court · 2005
  5. MATTER OF FRANCOIS v. DolanNew York Court of Appeals · 2000

9 more not listed; retrieve them via the Exa API.

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