The People of the State of New York, Respondent,
v.
Joseph Davis, Appellant.
The People of the State of New York, Respondent,
v.
Joseph James, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 7, 1977.
Decided November 15, 1977.
Attorney(s) appearing for the Case
James J. Duggan and David E. Kendall for appellant in the first above-entitled action.
Carl A. Vergari, District Attorney (B. Anthony Morosco and Janet Cunard of counsel), for respondent in the first above-entitled action.
Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law in the first above-entitled action.
James W. B. Benkard and Phebe C. Miller for appellant in the second above-entitled action.
Eugene Gold, District Attorney (Michael S. Ross of counsel), for respondent in the second above-entitled action.
Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law in the second above-entitled action.
Sara Halbert and Bruce J. Ennis for New York Civil Liberties Union, amicus curiae, in the second above-entitled action.
Judges JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and GABRIELLI concur.
Court of Appeals of the State of New York.
COOKE, J.
In the setting of these two appeals, in each of which defendant has been sentenced to death, we are called upon to determine the constitutionality of New York's death penalty statute — a legal issue — not to express our views as to whether such a statute, granted that it is constitutional, is wise or advisable — a legislative concern.
I
Defendant Joseph Davis appeals...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
