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NY Death Penalty
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"
N.Y.'s Death Penalty Plea Provision Is Struck
By Gary Spencer
New York Law Journal
Wednesday, December 23, 1998
ALBANY -- Relying solely on federal constitutional law, the Court of
Appeals yesterday struck down plea bargaining provisions of New York's
capital punishment law which, the judges said, "needlessly encourage
guilty pleas."
In a unanimous opinion by Chief Judge Judith S. Kaye, the Court ruled
that provisions barring the
execution of defendants who plead guilty violate the Fifth and Sixth
Amendments because "the
death penalty hangs over only those who exercise their constitutional
rights to maintain innocence
and demand a jury trial."
The ruling in Hynes v. Tomei, No. 146, and Relin v. Connell, No. 176,
leaves the death penalty itself intact and will allow capital prosecutions
to continue. Several attorneys on both sides said the decision, the first
by the high Court to address the statute, did not appear to have any immediate
impact on prior guilty pleas or trial convictions obtained since the law
was enacted in 1995.
In a prepared statement, Governor Pataki called the decision a "narrow
ruling" that "will not impede the vigorous prosecution of death penalty
cases."
The decision allows plea bargaining to continue, although in a much
more limited and perhaps even convoluted way, attorneys said. It prevents
defendants"
....
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