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PEOPLE v. OWENS

187 Misc.2d 944 (2001)

727 N.Y.S.2d 275

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN F. OWENS, Defendant.

Supreme Court, Monroe County.

April 27, 2001.

Attorney(s) appearing for the Case

Kevin M. Doyle, Capital Defender (William T. Easton and Patricia Warth of counsel), and Peter J. Pullano for defendant.

Howard R. Relin, District Attorney of Monroe County (Michael C. Green and David A. Foster of counsel), for plaintiff.

OPINION OF THE COURT

DAVID D. EGAN, J.

This is a death penalty case. On April 19, 2001 defendant was convicted of two counts of first degree murder, and two counts of first degree rape arising out of three separate incidents that occurred within a two-month period in 1999.

CPL 400.27 (10) provides that, after rendering a guilty verdict but before sentencing, the court shall instruct the jury that they must reach a unanimous decision concerning whether...

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