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PEOPLE v. TAYLOR

193 Misc.2d 110 (2002)

747 N.Y.S.2d 318

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

Supreme Court, Queens County.

September 4, 2002.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney (Daniel A. Saunders, Robert J. Masters, Gary S. Fidel and Sharon Y. Brodt of counsel), for plaintiff.

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

OPINION OF THE COURT

STEVEN W. FISHER, J.

The principal issue presented on this motion concerns whether the traditional Molineux1 rule applies in capital cases in New York. The defendant contends that the rule cannot be applied without violating what he maintains is a categorical prohibition against "non-statutory aggravation" in death penalty cases brought in this state.<...

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