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MATTER OF HYNES v. TOMEI

237 A.D.2d 52 (1997)

666 N.Y.S.2d 687

In the Matter of Charles J. Hynes, as District Attorney of Kings County, Petitioner, v. Albert Tomei, as Justice of the Supreme Court of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1997

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Deborah Stevens Modica, Keith Dolan, Jonathan Frank, Howard Getzler, Jacqueline Linares, Philip Semprevivo and Marie-Claude Wrenn of counsel), petitioner pro se.

Hancock & Estabrook, L. L. P., Syracuse (Stewart F. Hancock, Jr., of counsel), for Albert Tomei, respondent.

Capital Defender's Office, New York City (Kelley Sharkey, John Youngblood and Sonya Zoghlin of counsel), for Michael Shane Hale, respondent.

Christopher Dunn, Norman Siegel and Arthur N. Eisenberg, New York City, for New York Civil Liberties Union, amicus curiae.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Gary Fidel, Linda Cantoni, Bruce Seeliger and Kathleen B. Hogan of counsel), for New York State District Attorneys' Association, amicus curiae.

O'BRIEN, RITTER, THOMPSON and LUCIANO, JJ., concur.

MANGANO, P. J.

In New York, the death sentence may be imposed upon a defendant charged with murder in the first degree only after successive, unanimous jury verdicts are rendered on the issues of guilt and punishment. Various provisions of New York's Criminal Procedure Law (hereinafter CPL) enable a defendant so charged to avoid any possibility of a death sentence by entering into a plea bargain agreement with...

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