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PEOPLE v. COUSER

176 Misc.2d 101 (1998)

674 N.Y.S.2d 887

The People of the State of New York, Plaintiff, v. John Couser, Defendant.

County Court, Onondaga County.

May 6, 1998.

Attorney(s) appearing for the Case

Salvatore Piemonte and J. Scott Porter for defendant. William J. Fitzpatrick, District Attorney of Onondaga County (Stephen Dougherty of counsel), for plaintiff.

JOSEPH E. FAHEY, J.

On February 26, 1998, this court determined that section 125.27 (1) (a) (vii) of the Penal Law defining murder in the first degree was unconstitutional because it violated the due process guarantees of the Constitution of the United States and article I, § 6 of the Constitution of New York (176 Misc.2d 86). On March 2, 1998, at the People's request...

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