Summary
Where the defendant was found guilty of first degree murder in furtherance of first degree rape and sentenced to death, the New York State Court of Appeals upheld the conviction, but vacated the death sentence and remitted the case for resentencing in accordance with Criminal Procedure Law (CPL) 470.30(5) (c).
In the People v. Stephen LaValle, the defendant's direct appeal came to the Court of Appeals from New York State Supreme Court, Suffolk County, pursuant to the court's unique jurisdiction in death penalty cases, NY Const. art VI, Section 3(b); CPL 450.70(1).See the full content of this document
Extract
Death Penalty Provision Unconstitutional
In vacating the death sentence, the Court of Appeals concluded the jury deadlock instruction prescribed in CPL 400.27(10) was unconstitutional under Article I, section 6 of the sta...
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