PEOPLE v. HARRIS


176 Misc.2d 967 (1998)

675 N.Y.S.2d 740

The People of the State of New York, Plaintiff, v. Darrel Harris, Defendant.

Supreme Court, Kings County.

February 5, 1998.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Colleen Quinn Brady, Russell Newfeld, Timothy Roundtree, Miro F. Cizin and Heidi J. Segal of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jonathan Frank, Heide Mason and Keith Dolan of counsel), for plaintiff.


ANNE G. FELDMAN, J.

Defendant moves that this court find CPL 270.20 (1) (f) unconstitutional on the grounds that permitting pretrial challenges for cause in capital cases precludes formation of a jury which could "properly exercise discretion in determining the appropriate sentence in a capital case" and compromises defendant's right to a fair and impartial tribunal. Specifically, defendant argues that a jury...

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