PEOPLE v. REED


265 A.D.2d 56 (2000)

705 N.Y.S.2d 592

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY L. REED, Also Known as "ANT LIVE," Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND EARL WARREN, JR., Also Known as "MR. T," Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 13, 2000.


Attorney(s) appearing for the Case

Kevin P. Gilleece, White Plains, for Anthony L. Reed, appellant.

Bruce A. Petito, Poughkeepsie, for Raymond Earl Warren, Jr., appellant.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Kristen A. Rappleyea and Bridget Rahilly Steller of counsel; Jessica Glickman on the brief), for respondent.

RITTER, J. P., FLORIO and H. MILLER, JJ., concur.


OPINION OF THE COURT

S. MILLER, J.

The instant appeals mark the first time since the reinstatement of the death penalty (see, CPL 400.27, as added by L 1995, ch 1), that the constitutionality of the first degree murder statute (see, Penal Law § 125.27) has been challenged before this Court, following jury verdicts convicting for non-capital first degree murder. Indeed, these appeals raise several rather novel issues concerning the interpretation...

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