People v. Moseley

The defendant, a person over 18 years of age, was found guilty of murder in the first degree and the court not being satisfied “ that the sentence of death is not warranted because of substantial mitigating circumstances ” (Penal Law, § 1045, subd. 3) conducted “ a proceeding to determine whether defendant should be sentenced to life imprisonment or to death ” — “ before the court sitting with the jury that found defendant guilty” (Penal Law, § 1045-a, subd. 2).

*506The jury after being charged by the court on all ‘ ‘ matters appropriate in the circumstances, including the law relating to the…