In the Matter of Charles J. Hynes, as District Attorney of Kings County, Respondent,
v.
Albert Tomei, as Justice of the Supreme Court, et al., Appellants.
In the Matter of Howard R. Relin, as Monroe County District Attorney, Respondent,
v.
John J. Connell, as Monroe County Court Judge, et al., Appellants, and Dennis C. Vacco, Attorney-General of the State of New York, Intervenor-Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 14, 1998
Decided December 22, 1998.
Attorney(s) appearing for the Case
Flamhaft, Levy, Kamins & Hirsch, Brooklyn (Barry Kamins of counsel), for Albert Tomei, appellant in the first above-entitled action.
Kevin M. Doyle, Capital Defender, New York City (Susan H. Salomon of counsel), for Michael Shane Hale, appellant in the first above-entitled action.
Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jonathan Frank and Keith Dolan of counsel), for respondent in the first above-entitled action.
Dennis C. Vacco, Attorney-General, New York City (Jill Gross Marks, Edward D. Saslaw and Michael Buskus of counsel), for intervenor-respondent in the first above-entitled action.
Christopher Dunn, New York City, Norman Siegel and Arthur N. Eisenberg for New York Civil Liberties Union Foundation, amicus curiae in the first above-entitled action.
Donald M. Thompson, Rochester, for John J. Connell, appellant in the second above-entitled action.
Office of Capital Defender, Rochester (Joseph T. Flood and William T. Easton of counsel), for Angel Mateo, appellant in the second above-entitled action.
Howard R. Relin, District Attorney of Monroe County, Rochester (Wendy Evans Lehmann of counsel), for respondent in the second above-entitled action.
Dennis C. Vacco, Attorney-General, New York City (Jill Gross Marks, Edward D. Saslaw and Michael Buskus of counsel), for intervenor-respondent in the second above-entitled action.
William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse, Richard A. Brown, District Attorney of Queens County, Kew Gardens (Gary Fidel and Linda Cantoni of counsel), and Bruce Seeliger for New York State District Attorneys Association, amicus curiae in the first and second above-entitled actions.
Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.
Court of Appeals of the State of New York.
Chief Judge KAYE.
Thirty years ago, the United States Supreme Court struck down the death penalty provision of the Federal Kidnaping Act (18 USC § 1201 [a]), which allowed a defendant to be sentenced to death only after a jury trial. The Supreme Court invalidated the provision because, by needlessly encouraging guilty pleas and jury waivers to avoid death sentences, it impermissibly burdened defendants'...
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