People v. Harris

OPINION OF THE COURT

Anne G. Feldman, J.

Defendant moves to preclude the People from seeking the death penalty on the ground that the pool of Judges named to preside over capital cases in Kings County does not represent a fair cross-section of the community.1 Specifically, defendant claims that the practice of assigning Judges of the Court of Claims and the New York City Civil and Criminal Courts to serve as Acting Supreme Court Justices coupled with the State Legislature’s failure to designate for election in the Second Judicial District the maximum number of Supreme Court Justices permitted…