PEOPLE v. McINTOSH


173 Misc.2d 727 (1997)

662 N.Y.S.2d 214

The People of the State of New York, Plaintiff, v. Dalkeith McIntosh, Defendant.

County Court, Dutchess County.

August 4, 1997


Attorney(s) appearing for the Case

Tendy & Cantor, Poughkeepsie (William M. Tendy, Jr., of counsel), for defendant. William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Edward F. Whitesell and Matthew Weishaupt of counsel), for plaintiff.


GEORGE D. MARLOW, J.

Defendant moves for an order invalidating and striking down CPL 220.10 (5) (e); 220.30 (3) (b) (vii); and 220.60 to the extent they provide that a sentence of death for the crime of first degree murder pursuant to Penal Law § 125.27 can only be imposed upon a conviction after trial and cannot be imposed as the result of a guilty plea, a plea which can be entered only with the consent...

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