PEOPLE v. HARRIS


177 Misc.2d 165 (1998)

676 N.Y.S.2d 440

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

Supreme Court, Kings County.

June 11, 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.

This decision is an amplification of a ruling issued from the Bench prior to trial. Defendant moves this court to find CPL 400.27 (3) unconstitutional on its face because at a capital sentencing proceeding it bars defendant from challenging aggravating factors proven at trial and requires the sentencing jury to deem those aggravating factors established beyond a reasonable doubt. In the...

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