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PEOPLE v. MATEO

2 N.Y.3d 383 (2004)

811 N.E.2d 1053

779 N.Y.S.2d 399

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL MATEO, Appellant.

Court of Appeals of the State of New York.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Kevin M. Doyle, Capital Defender, Albany (Barry J. Fisher, Beverly Van Ness and Andrew C. Shear of counsel), for appellant.

Howard R. Relin, District Attorney, Rochester (Wendy Evans Lehmann and Arthur G. Weinstein of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Luke Martland, Peter B. Pope, Daniel Smirlock and Robin A. Forshaw of counsel), in his statutory capacity under Executive Law § 71.

Bennett L. Gershman, White Plains, amicus curiae.

Judges Ciparick, Graffeo, Read and R.S. Smith concur with Chief Judge Kaye; Judge G.B. Smith dissents and votes to reverse and order a new trial in a separate opinion; Judge Rosenblatt dissents and votes to reverse and order a new trial in another opinion.

OPINION OF THE COURT

Chief Judge KAYE.

Defendant's case, here on direct appeal from a jury verdict of guilt of first degree murder and a jury sentence of death, has a complex history that we know well (see People v Mateo, 93 N.Y.2d 327 [1999]; Matter of Relin v Connell, 92 N.Y.2d 613 [1998]). Implicated in four murders and other violent crimes in Rochester, on December...

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