PEOPLE v. HANSEN


99 N.Y.2d 339 (2003)

786 N.E.2d 21

756 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KRISTIAN HANSEN, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 2003.


Attorney(s) appearing for the Case

Paul J. Connolly, Albany, for appellant.

Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Office of the Appellate Defender, New York City (Richard M. Greenberg and Joseph M. Nursey of counsel), for New York State Defenders Association and another, amici curiae.

Eliot Spitzer, Attorney General, New York City (Daniel Smirlock, Robin A. Forshaw and Luke Martland of counsel), for Attorney General of the State of New York, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

WESLEY, J.

Defendant challenges New York's sentencing procedures for noncapital first-degree murder (CPL 400.27 [1]) on due process grounds under the State and Federal Constitutions.

As discussed in detail by the Appellate Division, defendant was charged with multiple crimes committed in Albany. On April 28, 1995, David Goyette, a taxi driver, was robbed and beaten with a hammer...

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