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PEOPLE v. LAVALLE

181 Misc.2d 916 (1999)

697 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STEPHEN LAVALLE, Defendant.

Supreme Court, Suffolk County.

August 5, 1999.

Attorney(s) appearing for the Case

Martin I. Efman, Central Islip, Charles Von Schmidt, Hauppauge, and Kevin M. Doyle, Capital Defender, New York City (John Youngblood and Roberto Rionda of counsel), for defendant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (John Collins, Christopher Clayton and Michael Miller of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL F. MULLEN, J.

A crucial issue has arisen in this capital case, viz., whether the defendant can waive his right to offer mitigation in the sentencing proceeding. It appears this issue has not yet been addressed by any New York court.

One of the arguments of defense counsel is that there is a "public interest" here, a societal interest, as it were, which overrides a defendant...

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