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PEOPLE v. COUSER

94 N.Y.2d 631 (2000)

730 N.E.2d 953

709 N.Y.S.2d 155

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN COUSER, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 2000.

Attorney(s) appearing for the Case

J. Scott Porter, Syracuse, for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Victoria M. Anthony and James P. Maxwell of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

This appeal requires our Court to determine whether the statutory meaning of the word "commanded" is impermissibly vague under the Due Process Clause of the 14th Amendment of the United States Constitution. The issue arises in the context of the accomplice-liability aggravating factor which can elevate a murder to first degree rank (Penal Law § 125.27).

The word ...

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