PEOPLE v. MOWER


97 N.Y.2d 239 (2002)

765 N.E.2d 839

739 N.Y.S.2d 343

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GORDON M. MOWER, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 2002.


Attorney(s) appearing for the Case

Carol M. Dillon, Amsterdam, for appellant.

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for respondent.

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


OPINION OF THE COURT

GRAFFEO, J.

In this appeal of a first degree murder conviction where no notice to seek a sentence of death was filed, we address whether a defendant who never faced the death penalty and pleaded guilty may be sentenced to life imprisonment without the possibility of parole. We hold that he may.

On March 27, 1996, Gordon and Susan Mower were found murdered in their Otsego County...

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