PEOPLE v. HARRIS


177 Misc.2d 378 (1998)

676 N.Y.S.2d 458

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

Supreme Court, Kings County.

June 30, 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 hold CPL 400.27 (11) (a) unconstitutional on the grounds that the portion of the statute requiring a final determination of the appropriate sentence is vague and standardless, that such vagueness makes the sentencing determination unreviewable, and that it creates a risk of arbitrary and capricious sentencing. Separately, defendant argues that the second sentence...

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