THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DARREL K. HARRIS, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 6, 2002.
Decided July 9, 2002.
Attorney(s) appearing for the Case
Kevin M. Doyle, Capital Defender, New York City (Susan H. Salomon, Barbara Zolot, Laura S. Kelly and Gregory A. Clarick of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn (Jonathan L. Frank, Keith Dolan, Howard A. Getzler, Lori Glachman, Howard B. Goodman, Jacqueline M. Linares, Shulamit Rosenblum and Bruce Seeliger of counsel), for respondent.
Eliot Spitzer, Attorney General, New York City (Peter B. Pope, Daniel Smirlock, Caitlin J. Halligan, Michael S. Belohlavek, Robin A. Forshaw, Michael S. Buskus and Jo W. Faber of counsel), in his statutory capacity under Executive Law § 71.
Sheri Lynn Johnson, Ithaca, for Cornell Death Penalty Project, amicus curiae.
Christopher Dunn, New York City, Norman Siegel, Arthur N. Eisenberg, Donna Lieberman, Marina Sheriff and Beth Haroules for New York Civil Liberties Union Foundation, amicus curiae.
Debevoise & Plimpton, New York City (Edwin G. Schallert, Adam D. Gale and Howard S. Hogan of counsel), Evan A. Davis, Norman L. Greene and Eric M. Freedman for Association of the Bar of the City of New York, amicus curiae.
Randy Hertz, New York City, for Anthony Amsterdam and others, amici curiae.
Chief Judge KAYE and Judges LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur with Judge WESLEY; Judge SMITH dissents in part and votes to reverse and order a new trial in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
WESLEY, J.
In 1995, the New York Legislature restored the death penalty to New York's criminal statutes for the first time since 1984. Although this Court has on several occasions dealt with issues related to the new statute (see People v Mower,97 N.Y.2d 239; People v Edwards,96 N.Y.2d 445; Matter of Francois v Dolan,95 N...
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