People v. Reed
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
S. Miller, J.
The instant appeals mark the first time since the reinstatement of the death penalty (see, CPL 400.27, as added by L 1995, ch 1), that the constitutionality of the first degree murder statute (see, Penal Law § 125.27) has been challenged before this Court, following jury verdicts convicting for non-capital first degree murder. Indeed, these appeals raise several rather novel issues concerning the interpretation and constitutionality of the first degree murder statute. First, did the Legislature intend to permit first degree murder convictions to rest upon…
2Cases cited34 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Enmund v. FloridaSupreme Court of the United States · 1982
- United States v. HarrissSupreme Court of the United States · 1954
- Tison v. ArizonaSupreme Court of the United States · 1987
- United States v. MazurieSupreme Court of the United States · 1975
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3Cited by15 opinions
- People v. HarrisNew York Court of Appeals · 2002
- People v. GlandaAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DugginsNew York Court of Appeals · 2004
- People v. MowerAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
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