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PEOPLE v. HARRIS

177 Misc.2d 160 (1998)

677 N.Y.S.2d 659

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

Supreme Court, Kings County.

May 15, 1998

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Colleen Quinn Brady, Russell Newfeld, Timothy Rountree, 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 this court to find CPL 400.27 (10) unconstitutional pursuant to the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution and article I, §§ 1 through 6, 11, 12 and 14 of the New York State Constitution. Defendant argues that the deadlock instruction mandated by CPL 400.27 (10) will coerce the sentencing jury into rendering a death verdict...

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