THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JAMES F. CAHILL, III, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 22, 2003.
Decided November 25, 2003.
Attorney(s) appearing for the Case
Kevin M. Doyle, Capital Defender, New York City (Ann M. Parrent, Claudia Van Wyk and Sean J. Bolser of counsel), for appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell, Victoria M. White, Gary T. Kelder, Domenic F. Trunfio,Christopher J. Bednarski, Molly A. Cappuccilli, Matthew J. Doran, David A. Rothschild and Bridget A. Scholl of counsel), for respondent.
Eliot Spitzer, Attorney General, New York City (Peter B. Pope, Michael S. Belohlavek, Robin A. Forshaw and Luke Martland of counsel), in his statutory capacity under Executive Law § 71.
Christopher Dunn, New York City, Arthur N. Eisenberg and Donna Lieberman for New York Civil Liberties Union, amicus curiae.
Stewart F. Hancock, Jr., Syracuse, Alan J. Pierce and Lily K. Lok for Thomas Aloi and others, amici curiae.
Chief Judge Kaye and Judge Ciparick concur with Judge Rosenblatt; Judge G.B. Smith concurs in result in a separate opinion in which Judge Ciparick concurs insomuch thereof as addresses deadlock jury instructions; Judge Graffeo concurs in part and dissents in part in another opinion in which Judge Read concurs; Judge Read concurs in part and dissents in part in an opinion in which Judge Graffeo concurs.
Court of Appeals of the State of New York.
OPINION OF THE COURT
ROSENBLATT, J.
Under New York's capital punishment scheme, a person who commits an intentional (second degree) murder is eligible for a death sentence if any one of 13 aggravating factors is proved (see Penal Law § 125.27 [1] [a] [i]-[xiii]), and if within 120 days after arraignment the prosecution files a notice of intention to seek the death penalty (CPL 250.40 [2]). In the...
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