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PEOPLE v. SMELEFSKY

182 Misc.2d 11 (1999)

695 N.Y.S.2d 689

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STEVEN SMELEFSKY, Defendant.

Supreme Court, Queens County.

September 8, 1999.

Attorney(s) appearing for the Case

Kevin M. Doyle, Capital Defender (Kelley Sharkey and Dennis Murphy of counsel), for defendant.

Richard A. Brown, District Attorney of Queens County (Mark Osnowitz, Gary Fidel, Sharon Brott and Gregory Lasak of counsel), for plaintiff.

OPINION OF THE COURT

STEVEN W. FISHER, J.

In Matter of Hynes v Tomei (92 N.Y.2d 613, 629 [1998], cert denied 527 U.S. 1015), our Court of Appeals ruled that "a defendant may not plead guilty to first degree murder while a notice of intent to seek the death penalty is pending." The Court predicted that its holding would "reduce the flexibility of both prosecutors and defendants who wish to plea bargain in...

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